Zoning Ordinance

City of Manchester, NH

Board of Mayor and Aldermen

Passed to be enrolled February 7, 2001

Passed to be ordained February 7, 2001

Amended through February 6, 2024

CITY OF MANCHESTER

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

One City Hall Plaza

Manchester, New Hampshire 03101

Phone (603) 624-6450

Fax (603) 624-6529

www.ManchesterNH.gov

E-mail: PCD@ManchesterNH.gov

Jeffrey D. Belanger, AICP

Director

ZONING ORDINANCE

FOR THE

CITY OF MANCHESTER, NEW HAMPSHIRE

Adopted February 7, 2001

Amended through February 6, 2024

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001:

March 20, 2001 - Article 8 - Section 8.05 Multi-family dwelling units for the elderly; subsection C

(adding “and a floor area ratio of 1 (one)” to the first sentence)

March 20, 2001 - Article 3 - Section 3.03 Definition of Terms - Floor Area Ratio

(adding “The gross floor area calculation shall not include parking garages”)

November 7, 2001 - Article 6 - Section 6.07 Table of Dimensional Regulations

(changing Maximum Height from “35” (feet) to “45” (feet) in R-SM)

August 6, 2002 - Article 10 - Section 10.04 Table of Off-Street Parking Requirements, Subsection I.-Motor Vehicle

Sales, Rental & Related Services

(changing five “5” stacking spaces” to ten “10” stacking spaces)

June 9, 2003 - Article 4 - Section 4.01B Establishment and Purpose of Districts

(adding new paragraph “8. Arena Overlay District.”)

June 9, 2003 - Article 5 - Section 5.10 Table of Principal Uses (adding “D.7” and “D.8”)

June 9, 2003 - Article 7 - Special District-Wide Regulations

(adding Section 7.09 Arena Overlay District)

June 9, 2003 - Article 10 - Section 10.07 Parking and loading area design standards

(adding new sub-section 10.07 (I); renumber “I” to “J”)

June 9, 2003 – Article 9 - Section 9.09 Signs Permitted in Non-Residential Districts

(adding new sub-section 9.09 (C)

November 5, 2003 - Article 5 - Section 5.10 Table of Principal Uses

(adding “P” under RDV on lines A.2, A.5 and A.6)

November 5, 2003 - Article 8 - Section 8.04 Multi-family dwellings

(adding “RDV” to 2

line of table)

November 5, 2003 - Article 10 - Section 10.04 Table of Off Street Parking Requirements

(adding “RDV” to A. Residential, Multi-Family, Minimum Parking Spaces Required)

February 3, 2004 - Article 5 - Section 5.10 Table of Principal Uses

(adding “P” under “CBD” on line A.2)

February 3, 2004 - Article 8 - Section 8.04 Multi-family dwellings

(amending Minimum Additional Lot Area in “CBD” from 1,000 sq. ft. to 500 sq. ft. per unit)

February 3, 2004 - Article 4 - Section 4.01 Establishment and Purpose of Districts (A.5. change wording of last

sentence)

February 3, 2004 - Article 5 - Section 5.10 Table of Principal Uses

(adding “P” under “IND” on line G.6)

February 3, 2004 - Article 8 - Section 8.01 Single family attached (townhouse) dwellings

(adding “CBD” to the 2

line of table)

April 6, 2004 – Article 6 – Section 6.07 Table of Dimensional Regulations

(changing Maximum Height from “35” (feet) to “45” (feet) in R-3

)

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

July 20, 2004 – Article 5 – Section 5.10 Table of Principal Uses

(adding #12 Tattoo Parlors; inserting “P” under CBD and B-2)

July 20, 2004 – Article 8 – Section 8.06

(delete title “Reserved”; replace with “Tattoo Parlors”)

July 20, 2004 – Table of Contents – Section 8.06

(delete title “Reserved”; replace with “Tattoo Parlors”)

September 7, 2004

– Article 13 – Section 13.04

(incorporating new school impact fee schedule)

September 5, 2006 – Article 3 – Section 3.03

(revise definition of Lot width)

September 5, 2006 – Article 6 – Section 6.10

(adding “both vacant and developed lots (which contain otherwise conforming uses and structures) in the first

sentence)

September 5, 2006 – Article 10 – Section 10.06 (C)

(adding “unless waived by the Planning Board in conjunction with site plan or planned development review.” to the

second sentence)

September 5, 2006 – Article 15 – Section 15.03

(delete two (2) years); replace with one (1) year)

November 14, 2006 – Article 5 – Section 5.11 Table of Accessory Uses – K2

(adding “or uninspected” automobile or one boat.)

November 28, 2006 – Article 3 – Section 3.03 Definition of Terms

(adding Groundwater and Groundwater Management Zone)

November 28 ,2006 – Article 4 – Section 4.01B Overlay Districts

(adding “the Manchester Landfill Groundwater Management Zone (ML-GMZ) Overlay District and Lake

Massabesic Protection Overlay District – LMPOD )

November 28, 2006 – Article 4.02 Official Zoning Maps

(adding “the Manchester Landfill-Groundwater Management Zone (ML-GMZ) Overlay District and the Lake

Massabesic Protection Overlay District)

November 28, 2006 – Article 7 Special District Wide Regulations

(adding “7.10 Manchester Landfill Groundwater Management Zone (ML-GMZ) and 7.11 Lake Massabesic

Protection Overlay District – LMPOD)

November 28, 2006 – Article 14 – Section 14.02 Powers and Duties of the ZBA

(adding 14.02 (B)2)

December 18, 2007 – Article 5 – Use Regulations, Table 5.10

(making the following changes in the column under B-1:

A2 – change “—“ to “P”

D7 – change “—“ to “P” and add 8.13 in the Supplementary column

D8 – change “—“ to “P”

F2 – split row in 2; change to F2-1 and F2-2

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

F5 – change “CU” to “P”

H-1-1 – change “CU” to “P”

H-1-2 – change “CU” to “P”

H-3-2 – change “CU” to “P”

H-4-1 – change “—“ to “P”

H-5-2 – change “CU” to “P”

J2 – change “—“ to “P”

J5 – change “—“ to “P”

December 18, 2007 – Article 5 – table 5.11 Accessory Uses

(making the following changes in the column under B-1:

L1 – change “—“ to “P”

L4 – change “—“ to “SE”

December 18, 2007 – Article 6 – Table 6.07

(changing front setback from 10’ to –; rear setback from 15’ to 10’; floor area ratio from .5 to 2)

December 18, 2007 – Article 8 – Supplementary Regulations – Subsection 8.01

(adding B-1 in last row of table)

December 18, 2007 - Article 9 – Sign Regulations – Subsection 9.07

(deleting “F”; adding new subsection I)

December 18, 2007 – Article 10 – Off-Street Parking and Loading Requirements – Subsection 10.02A

(adding Neighborhood Business District)

December 18, 2007 – Article 10 - - Subsection 10.02C

(deleting subsection and inserting new text)

December 18, 2007 – Article 10 – Subsection 10.02D

(deleting “B-1)

December 18, 2007 – Article 10 – Subsection 10.03D

(deleting “B-1)

December 18, 2007 – Article 10 – Subsection 10.07

(adding new “J” and renumber the current “J” to “K”)

December 18, 2007 – Article 10 – Subsection 10.09A

(adding: “Except in the B-1 District as described in Subsection 10.07J”….at the beginning of the first sentence)

April 21, 2009 – Article 3.03 – Definition of Terms

(deleting: “Commissioner”)

April 21, 2009 – Article 4.02 – Official Zoning Maps Subsection (B)

(replace: “Planning Director” with “Director of Planning and Community Development”

April 21, 2009 – Article 5.05 – Administrative Classification – Subsections (A), (B), (C), (D)

(replace “Building Commissioner” with “Director of Planning and Community Development”

April 21, 2009 – Article 7.01 – Amoskeag Millyard Mixed Use (AMX) – Subsection D

(replace “Planning Director” and “Building Commissioner” with “Director of Planning and Community

Development”)

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

April 21, 2009 – Article 7.03 Floodplain (F) District – Subsections (C), (D)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 7.05 Historic Districts – Subsections (C), (D)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 7.07 Airport Approach Overlay District – Subsection (B)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 8.10 Excavation of Earth Materials – Subsections (H), (I)

(replace “Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 - Article 9.02 Permit Required for Signs.

(replace “Building Commissioner” with “Director of Planning and Community Development)

April 21, 2009 – Article 10.02 Applicability –Subsection (D)

(replace “Building Commissioner” with “Director of Planning and Community Development)

April 21, 2009 – Article 10.03 Number of parking spaces – Subsection (C)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 10.06 Dimensional Requirements – Subsection (C)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 10.07 Parking and loading area – Subsections (B), (E)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 10.08 Driveway location –Subsections (A), (C)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 10.09 Limited use of Yard Areas – Subsection (B)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 11.02 Determination of non-conformity – Subsection (A)

(replace “Building Commissioner” with “Director of Planning and Community Development)

April 21, 2009 –Article 11.03 Non-conforming lots – Subsection (A)

(replace “Building Commissioner” with “Director of Planning and Community Development)

April 21, 2009 – Article 11.05 Non-conforming structures – Subsection (C)

(replace “Building Commissioner” with “Director of Planning and Community Development)

April 21, 2009 – Article 13.03 Imposition of Public Capital Facilities Impact Fee – Subsection (A)

(replace “Building Commissioner” with “Director of Planning and Community Development)

April 21, 2009 – Article 14.02 Powers and Duties of the ZBA – Subsection (A)

(replace “Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 - Article 14.03 Application Procedure for the ZBA – Subsection (G)

(replace “Commissioner” with “Director of Planning and Community Development)

April 21, 2009 - Article 15.01 Powers and Duties of Building Commissioner – Subsections (A), (B), (C)

(replace Building Commissioner” with “Director of Planning and Community Development”)

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

April 21, 2009 – Article 15.02 Permits Required – Subsections (A), (B), (C)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 15.04 Violations – Subsections (A), (B), (C), (D)

(replace “Building Commissioner” with “Director of Planning and Community Development”)

April 21, 2009 – Article 13.03 Imposition of public capital facilities impact fee – Subsection (A)

(replace “Building Department” with “Planning and Community Development Department”)

April 21, 2009 – Article 13.05 Payment of Fees

(replace “Building Department” with “Planning and Community Development Department”)

April 21, 2009 – Article 14.03 Application Procedure for the Zoning Board of Adjustment – Subsections (C), (G)

(replace “Planning Department” with “Planning and Community Development Department”)

April 21, 2009 - Article 16.03 Procedure for Consideration of a Proposed Amendment – Subsections (B), (C), (F),

(G)

(replace “Planning Department” with “Planning and Community Development Department”)

September 22, 2009 – Article 3.03 Definition of Terms

(deleting “Flood Boundary and Flood Map (Floodway) and Flood Hazard Area, Special)

September 22, 2009 – Article 7.03B Establishment of District

(deleting “and encompasses……of this Ordinance.” And adding “The following regulations….incorporated by

reference”)

September 22, 2009 - Article 7.03 Floodplain (F) District

(adding new subsection B.1 Definitions)

September 22, 2009 – Article 7.03C General Requirement for the F District

(adding to first paragraph “proposed development in any special flood hazard area shall require a permit.”)

September 22, 2009 – Article 7.03D Alteration or Relocation of Watercourses

(revising items 1, 2 an 3 and adding a new item #4)

September 22, 2009 – Article 7.03E Determination of 100-year Flood Levels in the F District

(revising item #1 and deleting item #3)

September 22, 2009 – Article 7.03F Design Standards in the F District

(revising the first sentence and item #4 and deleting item #6)

September 22, 2009 – Article 7.03G Appeals to the Zoning Board of Adjustment (ZBA) in the F District

(revising item #4)

July 6, 2010 – Article 4.01 A Base District (revising item #15)

July 6, 2010 – Article 5.10 Table of Principal Uses

(making the following changes in the column under RP)

D-1 – change “--” to CU

D-7 – change “--” to CU

E-3 – change “--” to Permitted

E-10 – change “CU” to Permitted

E-12 – change “CU” to Permitted

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

H-1.2 – change “CU” to Permitted

H-2.1 – change “CU” to Permitted

H-2.5 – change “CU” to Permitted

H-2.6 – add new category

J-7 – change “--” to CU

July 6, 2010 – Article 7, Section 7.01D Millyard Design Review Committee (revising the first paragraph)

May 1, 2012 – Article 3, Section 3.03 Definitions

(Add definitions of Correctional Institution and Halfway House)

May 1, 2012 – 5.10 Table of Principle Uses, Subsection 5.10 (J)

(Insert “CU” in Use No. 5.10 (J)(12) under the IND Zoning District column, and add 8.20 under the Supplementary

column).

(Add new Use No. 5.10 (J)(14) Halfway House, insert “CU” under the RDV Zoning District column, insert “—“ in

all other Zoning Districts, and add 8.21 under the Supplementary column).

May 1, 2012 – Article 8. Supplementary Regulations for Specific Uses

(Recodify and renumber existing Accessory Uses Sections 8.20 through 8.24)

May 1, 2012 – Create new Section 8.20 Correctional Institution under Principal Uses.

May 1, 2012 – Create new Section 8.21 Halfway House under Principal Uses.

May 1, 2012 – Create new reserved Sections 8.22, 8.23 & 8.24 under Principal Uses.

May 1, 2012 – Amend Article 10 Section 10.04 Off-Street Parking and Loading Requirements. (Insert Correctional

Institution and Halfway House)

October 15, 2013 – Delete Article 7; Section 7.01 (D) Millyard Design Review Committee. Amend Section 7.05

Heritage Commission by revising Subsection 2 and creating a new Subsection 3.

September 2, 2014 – Create new Section 8.30 entitled “The Keeping of Domestic Chickens”; Amend Section 5.11

Table of Accessory Uses. Add “The Keeping of Domestic Chickens” as a new L(10). Insert “P” in new Accessory

Use L(10) under the R-S, R-1A, R-1B, R-2, R-SM and R-3 Zoning District columns. Amend Article 8

Supplementary Regulations for Specific Uses.

May 2, 2017 – Add new definition “Dwelling Unit, Accessory”. Revise definition “Dwelling, Single Family”.

May 2, 2017 – Amend Section 8.26, subsection A. Delete subsection B. Add new subsection B “Owner Occupied”.

Amend subsection C removing “One” and replacing with “Two”. Amend subsection D to state “One additional off-

street parking space shall be provided for each bedroom of an accessory dwelling unit.” Add subsection G

“Conditional Use Permit Required”. Add subsection H “Impact Fees Required”.

May 2, 2017 – Article 10, Section 10.04, Off-Street Parking and Loading Requirements.

Amend Residential, Accessory dwelling unit, unit of measurement from dwelling unit to “bedroom”.

Amend Residential, Accessory dwelling unit, minimum parking spaces from “One (1) per unit” to “One (1) per

bedroom”.

May 2, 2017 – Article 5.11 Table of Accessory Uses

Section L.1 – Amend zoning districts to reflect the requirement of a “CU”.

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

August 15, 2017 – Article 13 Impact Fees. Revising and reorganizing Article 13, updating the impact fee schedules

for both school and fire, and revising related definitions in Article 3.

October 1, 2019 – Article 14, Section 14.02(B) Authorization of Variances:

1 – Replace “requirements” with “criteria”

1.a – Replace with “The variance will not be contrary to the public interest;”

1.b – Replace with “The spirit of the ordinance is observed;”

1.c – Replace with “Substantial justice is done;”

1.d – Replace with “The values of surrounding properties are not diminished;”

1.e – Replace with “Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.”

October 1, 2019 – Article 14, Section 14.02(B)4 - Replace with “Variances authorized under Section 14.02(B) shall

be valid if exercised within 2 years from the date of final approval, or as further extended by local ordinance or by

the zoning board of adjustment for good cause, provided that no such variance shall expire within 6 months after the

resolution of a planning application filed in reliance upon the variance.”

October 1, 2019 – Article 14, Section 14.02(C)5 – Replace with “Special exceptions authorized under Section

14.02(C) shall be valid if exercised within 2 years from the date of final approval, or as further extended by local

ordinance or by the zoning board of adjustment for good cause, provided that no such special exception shall expire

within 6 months after the resolution of a planning application filed in reliance upon the special exception.”

October 1, 2019 – Article 14, Section 14.03 (C) Notification. Strike “certified mail”. Replace with “verified mail, as

defined by RSA 451-C:1, VII”.

October 1, 2019 – Article 14, Section 14.03(H) Rehearing. Replace “twenty (20)” with “thirty (30).

October 6, 2020 – Article 3. Amend definition of “Dwelling Unit, Accessory” to include the detached garage of a

single-family dwelling.

October 6, 2020 – Article 8.26. Amend Article 8.26 to allow for accessory dwelling units to be located in the

detached garages of single-family dwellings and to more frequently use the abbreviation “ADU” in reference to

accessory dwelling units.

September 14, 2021 – Article 3, Section 3.03. Revise definition of “family”.

September 14, 2021 – Article 10, Section 10.04(A), Table of Off-Street Parking Requirements. Revise parking

requirement for “Congregate Housing” from one parking space per congregate unit to one parking space per

bedroom.

March 7, 2023 – Article 13 Impact Fees. Update the schedule for school impact fees, allowing for a reduction in

fees owed for dwelling units that are less than 900 SF in area and have less than two (2) bedrooms.

June 6, 2023 – Article 3, Section 3.03. Revise definition of “dwelling unit, accessory”.

June 6, 2023 – Article 8, Section 8.26 Accessory Dwelling Unit. Amend Article 8.26 to increase the allowed size of

Accessory Dwelling Units (ADUs), expand their permitted locations within lots of record, and reduce which ADUs

require a Conditional Use Permit, among other amendments.

June 6, 2023 – Article 10, Section 10.03 Number of Parking Spaces Required. Update the parking table to reflect

that the use of an accessory dwelling unit requires a minimum of one (1) parking space per accessory dwelling unit.

AMENDMENTS SUBSEQUENT TO THE ZONING ORDINANCE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

February 6, 2024 – Article 3, Section 3.03, add definitions of “disability” and “handicap”. Article 14. Insert new

Section 14.02(B)7 to reflect RSA 674:33,V and clarify the process for reasonable accommodations for disabled

persons.

AMENDMENTS TO THE ZONING MAP SUBSEQUENT TO THE ADOPTION DATE OF FEBRUARY 7, 2001:

November 7, 2001 – Extending the R-SM (Residential Multi-family) zoning district to include a portion of Lot 17

and the remaining portion of Lot 8 on either side of Countryside Boulevard west of Hackett Hill Road, in an area

currently zoned R-S (single family).

December 4, 2001 – Extending the B-2 (General Business) zoning district southerly to include the remaining

portions of two lots on Loring Street and two lots on Faltin Drive, in an area currently zoned IND (General

Industrial).

October 1, 2002 – Changing the zoning district of property currently zoned R-SM (Residential Suburban Multi-

family district) to B-2 (General Business District) on the west side of Brown Avenue at the intersection of Hazelton

Avenue.

October 1, 2002 - Changing the zoning district of property currently zoned R-1B (Residential One Family District)

to R-SM (Residential Suburban Multifamily District) on the east side of Brown Avenue at the intersection of

Hazelton Avenue, extending to the Londonderry Town line.

April 15, 2003 – Extending the Central Business District zone (CBD) into an area currently zoned Redevelopment

(RDV) in the area known as Singer Park generally bounded by the Merrimack River on the west, the end of South

Commercial Street on the north, the B&M rail yard on the east and the Goffstown Branch of the B&M (also known

as the Trestle Bridge) on the south.

June 9, 2003 – Adding a new Arena Overlay Zoning District to the Zoning Maps in the vicinity of the Verizon

Wireless Arena.

June 9, 2003 – Extending the B-2 (General Business) zoning district to include land identified as Tax Map 756, Lot

12 and Tax Map 756, Lot 14 currently zoned B-2 (General Business), R-1B (Residential One Family) and R-SM

(Residential Suburban Multi-family) in the area of South Willow Street and South Porter Street.

December 16, 2003 - Changing the zoning district of property currently zoned IND (General Industrial) to B-2

(General Business) by extending the B-2 zone district to the center line of Huse Road and Merrill Road, including

parcels identified as TM 666, Lots 2B, 6, 6A, 7, 8, 9 and 9A.

February 3, 2004 – Extending the R-SM (Residential suburban multifamily) zoning district to include the full extent

of a parcel of land on Old Wellington Road (TM 645, Lot 10) currently zoned R-1A.

April 6, 2004 – Extending the B-2 (General Business) zoning district to include a portion of TPK 3-5A, a portion of

TPK 3-5B, a portion of TPK 3-6, TPK 3-6A, TPK 3-7, and TPK 3-8 currently zoned R-3 (Urban Multifamily).

October 19, 2004 – Changing the zoning district of property currently zoned IND (General Industrial) to R-SM

(Residential Suburban Multi-family) by extending the R-SM zone district on a portion of property identified as

TM478, Lot 8, located on Candia Road.

February 1, 2005 – Extending the R-SM (Residential Suburban Multi-Family) zoning district to include property

currently zoned R-S (Residential Suburban) located on Front Street and Hackett Hill Road and known as Tax Map

767, Lots 4 and 4B.

September 5, 2006 – Extending the R-SM (Residential Suburban Multi-Family) zoning district to include property

currently zoned IND (Industrial) located on the south side of Holt Avenue between East Industrial Park Drive and

Waverly Street and known as Tax Map 716, Lot 38.

September 5, 2006 - Revising the CV (Conservation) zoning district boundary along the Piscataquog River.

November 28, 2006 – Establishing the Manchester Landfill Groundwater Management Zone (ML-GMZ) Overlay

District and the Lake Massabesic Protection Overlay District – LMPOD

AMENDMENTS TO THE ZONING MAP SUBSEQUENT TO THE ADOPTION DATE OF FEBRUARY 7, 2001

(CONTINUED):

July 10, 2007 – Extending the General Business District (B-2) into an area currently zoned Urban Multifamily

District (R-3), address of 116 So. Main St. and abutting Walker St.

July 10, 2007 – Extending the Neighborhood Business District (B-1) into an area currently zoned Residential Two-

Family District (R-2) including two lots with addresses of 316 and 322 So. Main St. and abutting Goffe St.

October 2, 2007 – Extending the Neighborhood Business District (B-1) into an area currently zoned urban

Multifamily District (R-3), with an address of 438 Dubuque Street and abutting Amory Street.

June 10, 2008 – Extending the General Industrial/Industrial Park District (IND) into an area currently zoned

Residential One Family District (R-1B) located on Mack Ave. and Frontage Rd. to include two lots known as TM

840, Lot 9 and TM 840, Lot 22.

June 2, 2009 – Extending the General Business District (B-2) into an area currently zoned Residential Two-Family

District (R-2) including portions of two lots with addresses of 3 Master St. and 800 Second St.

June 2, 2009 – Extending the General Business District (B-2) into an area currently zoned General

Industrial/Industrial Park District (IND) located on the south side of Gold St. and east of the former Lawrence

Branch of the B&M Railroad and including two parcels of land known as TM 874, Lot 14 and TM 874, Lot 15.

June 2, 2009 – Extending the Urban Multi-family District (R-3) into an area currently zoned Residential One Family

District (R-1B) to include a portion of TM 691, Lot 143-A that will be on the north side of the centerline of a

proposed Gold Street Bypass, adjacent to Bradley Street and TM 691, Lot 143 (St. Augustine Cemetery).

July 6, 2010 – Rezoning an area currently zoned as Research Park District (RP) to Neighborhood Business District

(B-1), generally located in the vicinity of Hackett Hill Road, Poore Road and the FE Everett Turnpike-Interstate

293, including a portion of TM766, Lot 15, a portion of TM766, Lot 14D and a portion of TM767, Lot 3A.

May 3, 2011 – Rezoning an area currently zoned as Residential Suburban Multifamily District (R-SM) to General

Business District (B-2); also rezoning an area zoned as Residential Suburban Multifamily District (R-SM) to

Residential One-Family District (R-1B); with both areas generally located in the vicinity of the intersection of

Brown and Hazelton Avenues and the relocated Pettingill Road, including TM 712, Lot 1 and a portion of TM 712,

Lot 2, and a portion of the Airport Access Road ROW referred to as the “State Parcel”.

July 17, 2012 – Rezoning an area currently zoned as Residential One Family District (R-1A) to Civic-Institutional

District (C-1); with the area generally located north of the centerline between the north- and the south-bound

travelled ways of Interstate 93 where it extends between the Merrimack River and the Manchester-Hooksett town

line including parcels TM 557, Lot 7, TM 558, Lot 1, TM 558, Lot 1B and land owned by the State of New

Hampshire.

December 18, 2012 – Rezoning a portion of a parcel currently zoned as Residential-Suburban District – Low

Density (RS) to Residential Suburban Multifamily District (R-SM); with the area situated on parcel TM 766, Lot 9,

which is off the west side of Front Street and immediately north of Country Club Drive.

January 19, 2016 – Rezoning an area currently zoned General Industrial - Industrial Park (IND) to General Business

(B-2); with the area situated on parcel TM 437, Lot 2, which is situated off the western side of South Willow Street

between Faltin Drive and Driving Park Road.

May 2, 2017 – Rezoning an area currently zoned Residential Two-Family (R-2) to General Business (B-2); with the

area situated on parcel TPK 1, Lots 3 & 4, which is situated off the eastern side of Second Street at the intersection

of Master Street and Hill Street.

MANCHESTER ZONING ORDINANCE

MANCHESTER, NEW HAMPSHIRE

EFFECTIVE 02-07-01

ARTICLE 1. Title, Purpose, and Authority

1.01 Title

1.02 Purpose

1.03 Authority

ARTICLE 2. General Provisions

2.01 Jurisdiction

2.02 Effective Date

2.03 Applicability

2.04 Relationship to Existing Zoning Ordinance

2.05 Relationship to Other Land Use Regulations

2.06 Relationship to the Master Plan

2.07 Relationship to Private Covenants and Restrictions

2.08 Severability

ARTICLE 3. Definitions

3.01 Word Usage

3.02 Words and Phrases not Defined

3.03 Definitions of Terms (Rev. Mar. 20, 2001, Sept. 5, 2006, Nov. 28, 2006, Apr. 21, 2009, Sept. 22,

2009, May 1, 2012, May 2, 2017, Aug.15, 2017, Sept. 7, 2021, June 6, 2023, February 6, 2024)

ARTICLE 4. Establishment of Zoning Districts and Zoning Maps

4.01 Establishment and Purpose of Districts

A. Base Districts (Rev. Feb. 3, 2004, July 6, 2010)

B. Overlay Districts (Rev. June 9, 2003, Nov. 28, 2006)

4.02 Official Zoning Maps

A. Official Zoning Base District Map (Rev. Nov. 28, 2006)

B. Official Zoning Overlay Maps (Rev. Apr. 21, 2009)

C. Amendments to the Zoning Maps

D. Interpretation of District Boundaries

ARTICLE 5. Use Regulations

5.01 Uses Permitted by Right

5.02 Uses Permitted by Special Exception

5.03 Uses Permitted by Conditional Use Permit

5.04 Uses Not Permitted

5.05 Administrative Classification of Uses Not Specified or Change in Use (Rev. Apr. 21,

2009)

5.06 Supplementary Use Regulations

5.07 All Uses Subject to Overlay District Provisions

5.08 Multiple Structures or Uses on a Single Lot

5.09 Subdivision and Site Plan Approval

5.10 Table of Principal Uses (Rev. July 6, 2010)

A. Residential (Rev. Nov. 5, 2003, Feb. 3, 2004)

B. Agricultural

C. Commercial Construction and Excavation

D. Manufacturing (Rev. June 9, 2003)

E. Transportation, Communication & Utilities

F. Retail Trade (except automotive and restaurant uses)

G. Restaurants, Eating and Drinking Places (Rev. Feb. 3, 2004)

H. Services (Non-automotive)

1. Financial and Professional

2. Medical

3. Lodging and Meeting Facilities

4. Performing Arts, Entertainment and Amusement

5. Recreation and Sports Facilities

6. Personal, Business & Repair Services (Rev. July 20, 2004)

I. Motor Vehicle Sales, Rental, and Related Services

J. Institutional (Non-Medical) (Rev. May 1, 2012)

5.11 Table of Accessory Uses

A. Serving any Principal Use

B. Serving a Residential Principal Use (Rev. May 2, 2017)

C. Serving a Non-residential Principal Use

5.12 Planned Development

ARTICLE 6. Dimensional Regulations

6.01 Minimum Lot Size

6.02 Minimum Lot Frontage

6.03 Minimum Yard Requirements

6.04 Maximum Lot Coverage

6.05 Maximum Number of Stories and Height of Buildings and Structures

6.06 Maximum Floor Area Ratio

6.07 Table of Dimensional Regulations (Rev. Nov. 7, 2001)

6.08 Buffer Requirements

A. Landscaped Buffer Required at Certain District Boundaries

B. Limited Activity Buffer Required Adjacent to Residential Districts

6.09 Minimum Setback from Wetlands

6.10 Special Lot Sizes in the R-2 District (Rev. Sept. 5, 2006)

6.11 Additional Dimensional Regulations for Certain Uses

ARTICLE 7. Special District-Wide Regulations

Special Regulations Applicable Within Base Districts

7.01 Amoskeag Millyard Mixed Use District (AMX) (Rev. Apr. 21, 2009, July 6, 2010, Oct. 15,

2013)

7.02 Research Park District (RP)

Special Regulations Applicable Within Overlay Districts

7.03 Establishment of the F District (B) (Rev. Sept. 22, 2009)

7.03 General Requirements for the F District (C) (Sept. 22, 2009)

7.03 Alteration or Relocation of Watercourses (D) (Sept. 22, 2009)

7.03 Determination of 100-year Flood Levels in the F District (Sept. 22, 2009)

7.03 Floodplain District (F) (Rev. Apr. 21, 2009, Sept. 22, 2009)

7.03 Appeals to the Zoning Board of Adjustment (ZBA) in the F District (Sept. 22, 2009)

7.04 Residential-Professional Office District (R-PO)

7.05 Historic Districts (AMH, ACH) (Rev. Apr. 21, 2009, Oct. 15, 2013)

7.06 Airport Navigational Hazard Overlay District

7.07 Airport Approach Overlay District (Rev. Apr. 21, 2009)

7.08 Airport Noise Overlay District

7.09 Arena Overlay District (Rev. June 9, 2003)

7.10 Manchester Landfill Groundwater Management Zone (ML-GMZ) (Rev. Nov. 28, 2006)

7.11 Lake Massabesic Protection Overlay District (Rev. Nov. 28, 2006)

ARTICLE 8. Supplementary Regulations for Specific Uses

Principal Uses

8.01 Single Family Attached (Townhouse) Dwellings (Rev. Feb. 3, 2004)

8.02 Manufactured Housing Parks

8.03 Manufactured Housing Subdivisions

8.04 Multi-Family Dwellings (Rev. Nov. 5, 2003, Feb. 3, 2004)

8.05 Multi-Family Dwellings for the Elderly (Rev. Mar. 20, 2001)

8.06 Tattoo Parlors (Rev. July 20, 2004)

8.07 Forestry Uses

8.08 Agricultural and Livestock

8.09 Commercial Kennel

8.10 Excavation of Earth Materials (Rev. Apr. 21, 2009)

8.11 Building Contractor Yards

8.12 Performance Standards for High Hazard Uses

8.13 Performance Standards for Manufacturing and Industrial Uses

8.14 Warehousing and Distribution Facilities

8.15 Telecommunication Towers and Commercial Radio and TV Stations

8.16 Essential Public Services, Utilities, and Appurtenances

8.17 Automotive Service Stations, Drive-Through Uses, and Similar Establishments

8.18 Selected Health Care, Educational and Institutional Uses

8.19 Sexually Oriented Businesses

8.20 Correctional Institution (Rev. May 1, 2012)

8.21 Halfway House (Rev. May 1, 2012)

8.22 Reserved (Rev. May 1, 2012)

8.23 Reserved (Rev. May 1, 2012)

8.24 Reserved (Rev. May 1, 2012)

Accessory Uses

8.25 Home Occupations (Rev. May 1, 2012)

A. Purpose

B. Home Occupations

8.26 Accessory Dwelling Unit (Rev. May 1, 2012, May 2, 2017, June 6, 2023)

8.27 Fences, Walls and Similar Barriers (Rev. May 1, 2012)

8.28 Outside Storage of Vehicles, Equipment and Materials (Rev. May 1, 2012)

8.29 Accessory Structures and Uses (Rev. May 1, 2012)

8.30 The Keeping of Domesticated Chickens. (Rev. September 2, 2014)

ARTICLE 9. Sign Regulations

9.01 Purpose of Sign Regulations

9.02 Permit Required for Signs (Rev. Apr. 21, 2009)

9.03 Signs Allowed and Exempted from Permit Requirements

9.04 Design, Construction and Maintenance of Signs

9.05 Master Sign Inventory

9.06 Sign Area and Height Computations

9.07 Signs Prohibited Under This Ordinance

9.08 Signs Permitted in Residential Districts

9.09 Signs Permitted in Non-Residential Districts

A. Number and Types of Signs Permitted

B. Signs Permitted in the Amoskeag Millyard Mixed Use District (AMX)

C. Sign Regulations in the Arena Overlay (Rev. June 9, 2003)

D. Table of Sign Regulations (Dimensional)

9.10 Status of Non-Conforming Signs

ARTICLE 10. Off-Street Parking and Loading Requirements

10.01 Purpose and Intent

10.02 Applicability

A. Areas and Buildings Subject to Parking Requirements

B. On-Site Parking Required Except as Provided in this Article

C. Central Business District Exempt from Parking Requirements

D. Conditional Use Permits for Alternative Parking Arrangement (Rev. Apr. 21, 2009)

E. Changes in Use or Expansion of Existing Buildings

10.03 Number of Parking Spaces Required (Rev. Aug. 6, 2002, Apr. 21, 2009, June 6, 2023)

10.04 Table of Off-Street Parking Requirements (Rev. Nov. 5, 2003, May 1, 2012, May 2, 2017,

September 7, 2021)

10.05 Off-Street Loading Requirements

10.06 Dimensional Requirements (Rev. Sept. 5, 2006, Apr. 21, 2009)

10.07 Parking and Loading Area Design Standards (Rev. June 9, 2003, Apr. 21, 2009)

10.08 Driveway Location and Design Standards (Rev. Apr. 21, 2009)

10.09 Limited Use of Yard Areas for Parking (Rev. Apr. 21, 2009)

ARTICLE 11. Non-Conforming Lots, Uses, and Structures

11.01 Purpose, Intent and Applicability

11.02 Determination of Non-conformity (Rev. Apr. 21, 2009)

11.03 Non-conforming Lots (Rev. Apr. 21, 2009)

11.04 Non-conforming Uses

A. Continuation of Use

B. Expansion of Non-conforming Use Area of a Lot Not Permitted

C. Limits on Expansion of Non-conforming Use Area Within a Lawfully Existing

Structure

D. Reversion to Less Conforming Use Not Permitted

E. Expansion or changes in a Non-conforming Use Created by Amendment to

Ordinance

F. Expansion or changes in a Non-conforming Use Created by Variance

G. Criteria for Change or Expansion of Non-conforming Use

11.05 Non-conforming Structures (Rev. Apr. 21, 2009)

11.06 Abandonment and Termination of Non-conformity

ARTICLE 12. Conditional Use Permits

12.01 Planning Board to Administer

12.02 Application and Review Procedure

12.03 Burden of Persuasion

12.04 Standards of Review

12.05 Hearing and Decision

12.06 Stipulations of Approval

12.07 Appeals

ARTICLE 13. Impact Fees

13.01 Authority and Purpose (Rev. Mar. 7, 2023)

13.02 Findings (Rev. Aug. 15, 2017)

13.03 Imposition of Public Capital Facilities Impact Fee (Rev. Apr. 21, 2009, Aug. 15, 2017)

13.04 Computation of Impact Fee (Rev. Sept. 7, 2004, Aug. 15, 2017)

13.05 Payment of Fees (Rev. Apr. 21, 2009, Aug. 15, 2017)

13.06 Administration of Funds Collected (Rev. Aug. 15, 2017)

13.07 Refund of Impact Fees Paid (Rev. Aug. 15, 2017)

13.08 Other Public Improvements (Rev. Aug. 15, 2017)

13.09 Exemptions and Waivers (Rev. Aug. 15, 2017, Mar. 7, 2023)

13.10 Appeals (Rev. Aug. 15, 2017)

13.11 Premature and Scattered Development

13.12 Periodic Review (Rev. Aug. 15, 2017)

13.13 Effect on Prior Agreements for Payment of Impact Fees (Rev. Aug. 15, 2017)

13.14 Impact Fee Schedules (Rev. Mar. 7, 2023)

ARTICLE 14. Appeals to the Zoning Board of Adjustment

14.01 Board of Adjustment

A. Appointment and Terms

B. Organization and Rules of Procedure

14.02 Powers and Duties of the ZBA

A. Interpretation of the Ordinance (Rev. Apr. 21, 2009)

B. Authorization of Variances (Rev. Nov. 28, 2006, February 6, 2024)

C. Granting of Special Exceptions

14.03 Application Procedure for the ZBA (Rev. Apr. 21, 2009)

ARTICLE 15. Administration and Enforcement

15.01 Powers and Duties of the Director of Planning and Community Development

Department (Rev. Apr. 21, 2009)

15.02 Permits Required (Rev. Apr. 21, 2009)

15.03 Expiration of Permits and Approvals (Rev. Sept. 5, 2006)

15.04 Violations (Rev. Apr. 21, 2009)

ARTICLE 16. Amendments

16.01 Initiation of a Proposal to Amend Ordinance

16.02 Requirements for Initiation of an Amendment

16.03 Procedure for Consideration of a Proposed Amendment (Rev. Apr. 21, 2009)

Article 1. Title, Purpose and Authority

Page 1 - 1

ARTICLE 1. TITLE, PURPOSE AND AUTHORITY

1.01 Title

This Ordinance shall be known and may be cited as the "Zoning Ordinance of the City of

Manchester, New Hampshire" referred to herein as "this Ordinance".

1.02 Purpose

This Ordinance is designed and adopted for the following purposes:

A. To protect and promote the public safety, convenience, comfort, aesthetics, prosperity, health,

and general welfare of the inhabitants of the City of Manchester, New Hampshire;

B. To secure safety from fires, panic, explosion, noxious fumes, and other such hazards and

dangers, and to control nuisance-producing uses of land;

C. To promote adequate light, air, privacy, and convenience of access to property;

D. To avoid undue concentration of population, to prevent the overcrowding of land, and to

lessen congestion in the streets;

E. To facilitate the adequate provision of transportation, solid waste facilities, water, sewerage,

schools, parks, child day care, and other public requirements;

F. To assure the proper use of natural resources, to prevent pollution of air and water, to protect

property from flooding and accelerated erosion, to protect historic and archeological resources,

to protect wetlands, and to conserve natural beauty and open space;

G. To conserve property values by preventing the harmful encroachment of incompatible uses,

and by providing for the elimination of those uses which adversely affect the neighborhood

character, development, and value of property, and to insure that any proposed development is

compatible in use, scale and building design within the neighborhood in which the development

is proposed; and

H. To encourage the most appropriate use of land, and to allow for planned, orderly, and

beneficial growth as envisioned by the Master Plan.

1.03 Authority

This Ordinance is adopted pursuant to the authority conferred by New Hampshire Revised

Statutes Annotated, Title LXIV, Planning and Zoning, as most recently amended. Authority for

this Ordinance includes the power to adopt innovative land use controls pursuant to RSA 674:16,

II, Grant of Power, including but not limited to the specific methods of innovative land use

controls contained in RSA 674:21, Innovative Land Use Controls.

Article 2. General Provisions

Page 2 - 1

ARTICLE 2. GENERAL PROVISIONS

2.01 Jurisdiction

This Ordinance shall be effective within the corporate boundaries of the City of Manchester,

New Hampshire.

2.02 Effective Date

The Zoning Ordinance was originally adopted and became effective on January 18, 1927. This

Ordinance, which represents a comprehensive amendment of the Zoning Ordinance, shall take

effect on February 7, 2001.

2.03 Applicability

No person may use or occupy any land or buildings, or authorize or permit the use or occupancy

of land or buildings under their control except in accordance with all of the applicable provisions

of this Ordinance. For the purposes of this Section, the "use" or "occupancy" of a building or

land relates to anything and everything that is done in, on, or to that building or land.

2.04 Relationship to Existing Zoning Ordinance

To the extent that the provisions of this Ordinance are the same in substance as the previously

adopted provisions that they replace in the Zoning Ordinance, they shall be considered as

continuations thereof and not as new enactment, unless otherwise specifically provided.

2.05 Relationship to Other Ordinances and Regulations

Wherever the provisions of this Ordinance come in conflict with any other ordinance, statute,

law, or duly promulgated rule or regulation, the most restrictive or the higher standards shall

apply.

2.06 Relationship to the Master Plan

It is intended that this Ordinance implement the planning policies and goals as reflected in the

Master Plan of the City of Manchester, New Hampshire.

2.07 Relationship to Private Covenants and Restrictions

The provisions of this Ordinance shall not be construed to impair, interfere with, abrogate, annul,

or enforce (except in the case of a condition of approval pursuant to Article 15.01B, Enforcement

of Conditions of Approval, of this Ordinance) the provisions of private restrictions placed on

property by covenant, easement, deed, or agreement, provided that where this Ordinance imposes

a greater restriction or a higher standard, the provisions of this Ordinance shall govern.

Article 2. General Provisions

Page 2 - 2

2.08 Severability

It is hereby declared to be the intention of this Ordinance that the sections, paragraphs, sentences,

clauses, and phrases of this Ordinance are severable, and if any such section, paragraph,

sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of

competent jurisdiction in a judgment or decree, such unconstitutionality or invalidity shall not

affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance.

Article 3. Definitions

Page 3 - 1

ARTICLE 3. DEFINITIONS

3.01 Word Usage.

For the purpose of this Ordinance, certain terms and words shall have the meaning given here.

Words used in the present tense include the future; the singular number includes the plural, and

the plural includes the singular; the words "used" or "occupied" include the words "designed,”

"arranged,” "intended" or "offered,” to be used or occupied; the words "building,” "structure,”

"lot,” "land" or "premise" shall be construed as though followed by the words "or any portion

thereof;” and the word "shall" is always mandatory and not merely directory.

3.02 Words and phrases not defined.

Terms and words not defined herein but defined in the Building Code shall have meanings given

therein unless a contrary intention clearly appears. Words not defined in either place shall have

their common meaning unless otherwise stated.

3.03 Definitions of terms. (Rev. 9/22/09, 5/2/17)

Abandonment: The visible or otherwise apparent intention of an owner to discontinue the use of

a building, other structure or premises, or the removal of the characteristic equipment or

furnishings used in the performance of the use without its replacement by similar equipment or

furnishings.

Airport: That area of land or water, whether constructed or not, which has been approved by

the New Hampshire Commissioner of Transportation for the Manchester Airport as a site for the

landing and taking off of aircraft, utilized or to be utilized by the public as a point of arrival or

departure by air.

Airport Approach Zone: An overlay district of this Ordinance which represents the airspace of

the Manchester Airport, as most recently defined in accordance with Federal Aviation

Regulation Part 77, and representing an imaginary surface aligned with the center line of the

runways and landing strips extended, that comprises the maximum elevations that structures,

trees and objects may have without interfering with airfield use and operations.

Airport Hazard: Any structure, tree, smoke, steam, dust or other substance which obstructs the

aerial approaches of a publicly owned airport or impairs the reasonable visibility in the vicinity

thereof, electrical impulses and disturbances which interfere with radio aids or communications

and lights which might result in glare in the vision of pilots of aircraft or be confused with airport

lights.

Alteration: Any construction resulting in a change in the structural parts or height, number of

stories, size, use or location of a building or other structure.

Article 3. Definitions

Page 3 - 2

Amusement Center/Arcade: An establishment offering five or more amusement devices,

including, but not limited to coin-operated electronic games, shooting gallery, table games and

similar recreational diversions within an enclosed building.

Automotive Repair, Major: An establishment primarily engaged in the repair and maintenance

of motor vehicles, trailers and similar large mechanical equipment, including paint, body and

major engine part overhaul, which is conducted in a completely enclosed building.

Automotive Repair, Minor: An establishment primarily engaged in the repair or maintenance of

motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery

work, tire repair, lubrication, tune-ups and transmission work, which is conducted in a

completely enclosed building.

Automotive Service Station: That portion of property where flammable or combustible liquids

or gases used as fuel are stored and dispersed from fixed equipment into fuel tanks of motor

vehicles.

Awning: A shelter supported entirely from the exterior of a building.

Basement: Any floor level below the first story in a building, except that a floor level in a

building having only one floor level shall be classified as a basement unless such floor level

qualifies as a first story as defined herein.

Bed & Breakfast Inn: A house, or portion thereof, where short-term guest lodging and meals are

provided. The owner of the Inn shall be the operator of the Inn and shall live on the premises.

Board of Adjustment: The Zoning Board of Adjustment of the City of Manchester, New

Hampshire.

Buildable Land Area: The area of a lot excluding wetlands, land with slopes over twenty-five

(25) percent, water bodies, regulatory floodways, and land restricted from development by

easements, covenant or other legal restriction. (Note: The lot size requirements of Article 6,

Table of Dimensional Regulations, represent the minimum buildable land area required by this

Ordinance within each of the zoning districts.)

Building: Any structure used for, or intended for, supporting or sheltering any use or occupancy.

Building, Accessory: A detached building or structure which is customarily incidental and

subordinate to that of the principal building, and which is located on the same lot as the principal

building.

Building Code: The current code in effect, as adopted by the City of Manchester, Board of

Mayor and Aldermen.

Article 3. Definitions

Page 3 - 3

Building Height: The vertical distance above the average final grade measured to the average

height of the highest roof surface. The height of a stepped or terraced building shall be the

maximum height of any segment of the building.

Building, Non-conforming: A building, the size, dimension or location of which was lawful

prior to the adoption, or amendment to the zoning ordinance but that fails by reason of such

adoption, or amendment to conform to the present requirements of the zoning district.

Building, Principal: A building in which is conducted the principal use of the lot on which it is

located.

Canopy: A roofed structure constructed of fabric or other material supported by a building or by

support extending directly to the ground directly under the canopy, placed so as to extend

outward from the building providing a protective shield for doors, windows, and other openings.

Cellar: See Basement.

Child Care Facility: A facility providing either full-day or partial day child care services,

whether or not such service is known as a day nursery, nursery school, child development center,

day care center, or any other name, but excluding residential facilities for children, which serves,

on a regular and recurring basis, three (3) or more unrelated children.

Child Care License: A license or permit issued under the authority of RSA 170-E and the rules

adopted thereunder.

Commissioner: The Director of Planning and Community Development Department of the City

of Manchester, New Hampshire, and the administrator of the Ordinance. (Rev. 4/21/09)

Community Center: A building or structure, operated by a non-profit organization for a use

devoted primarily to the advancement of educational, recreational, welfare, or civic pursuits and

social activities, excluding facilities in which liquor is served.

Conditional Use: A land use which may be approved by the Planning Board in districts where

such use is specifically authorized by this Ordinance, and where the Planning Board finds that

such use can be developed in accordance with the provisions of Article 12, Conditional Use

Permits.

Congregate Housing: Multifamily housing or other dwelling units serving individuals who

require on-site services that support independent living, including, at a minimum, communal

dining facilities. Congregate housing may be characterized by on-site personal care services,

housekeeping and linen service, and the supervision of self-administered medication, but

excluding 24-hour nursing care.

Article 3. Definitions

Page 3 - 4

Convenience store: A retail establishment designed to meet the needs of the neighborhood by

providing for the sale of prepackaged food and household products. A convenience store may

offer self-service gasoline sales and/or may include a drive-through service from the same

structure.

Correctional Institution: A facility designed and operated for the purpose of providing housing,

care, training and supervision for incarcerated offenders sentenced by a court. This category of

use shall include, but is not limited to, prisons, jails, reformatories and detention centers.

(Rev. 5/1/12)

Curb Cut: A legally designated vehicular point of access from a street to a driveway.

Day-Night Sound Level (Ldn): A cumulative aircraft noise index which estimates the exposure

to aircraft noise and relates the estimated exposure to an unexpected community response. The

Day-Night Sound Level noise metric assesses a 10 dB penalty to all noise events occurring

between 10:00 p.m. and 7:00 a.m. (for application of Airport Noise Overlay regulations)

Day-Night Sound Level Contour (or “Ldn Contour”): A line linking together a series of points

of equal cumulative noise exposure based on the Ldn metric response, as defined by the most

recent Part 150 Noise Compatibility Plan of the Manchester Airport. Such contours are

developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft

and time of day, noise characteristics of each aircraft, and typical runway usage patterns. (for

application of Airport Noise Overlay regulations)

Density: The number of dwelling units per unit of buildable land area.

Development: Any man-made change to improved or unimproved real estate, including but not

limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or

drilling operations. (For flood hazard management purposes.)

Development, New: An activity which results in:

a. The creation of a new dwelling unit or units; or

b. The conversion of a lawfully existing use, or additions thereto, which would result in a

net change in the number of dwelling units; or

c. The construction of new non-residential facilities, additions to existing non-residential

facilities, or conversion of property that results in a net increase in the gross floor area of

a non-residential use; or

d. Subdivisions and site plans for the purpose of assessing an Impact Fee.

(For Impact Fee assessment purposes.) (Rev. 8/15/17)

Disability, also Handicap: The definitions of “disability” and “handicap” used in this Ordinance

shall conform to the meaning of those words as used in the Americans with Disabilities Act (42

U.S.C. 12101, et seq.) and the Fair Housing Act (42 U.S.C. 3601, et seq.), as amended. With

respect to an individual, “disability” or “handicap” shall mean: a) a physical or mental

impairment that substantially limits one or more major life activities of such individual,

including being in recovery from chemical dependency; b) a record of such an impairment; or c)

Article 3. Definitions

Page 3 - 5

being regarded as having such an impairment. This definition shall not include impairments

resulting from the current illegal use of a controlled substance. (Rev. 2/6/2024)

Driveway: That portion of a lot designed and intended for access to an off-street parking or

loading area, or to an accessory garage.

Drive-through facility: A structure, or portion of a structure, which is designed to permit

customers to receive products or services directly from a motor vehicle.

Dwelling: A building or portion thereof used exclusively for residential occupancy, including

single family, two family and multifamily dwellings, but not including hotels, lodging facilities,

or rooming houses.

Dwelling Unit: One or more rooms containing private bath, cooking and kitchen facilities, and

sleeping quarters for the use of one or more individuals living as a single housekeeping unit.

Dwelling Unit, Accessory: A residential living unit that is within or attached to a single-family

dwelling, that is within the detached garage of a single-family dwelling, or that is a standalone

structure that provides independent living facilities for one or more persons, including provisions

for sleeping, eating, cooking and sanitation on the same parcel of land as the principal dwelling

unit that it accompanies. (Rev. 10/06/20, 06/06/23)

Dwelling, Single Family: A detached building used exclusively for occupancy by one (1)

family, and which may contain an accessory dwelling unit that conforms to this Ordinance.

(Rev. 5/02/17)

Dwelling, Two-Family: A detached building used exclusively for occupancy by two (2) families

living independently of one another.

Dwelling, Multifamily: A building or portion thereof containing three (3) or more dwelling

units, whether in common ownership or owned as a condominium or cooperative.

Essential Public Services: The erection, construction, alteration, or maintenance by public

utilities or governmental agencies of underground or overhead gas, electrical, steam, or water

transmission or distribution systems, collection, communication, supply or disposal system,

including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call

boxes, traffic signals, hydrants and other similar equipment and accessories in connection

therewith, but not including buildings necessary for the furnishing of adequate service by such

public utilities or governmental agencies for the public health or safety or general welfare.

Extended Stay Facility: A hotel-like establishment offering lodging accommodations to the

general public, often available on a weekly or monthly basis, and providing in-room cooking

facilities.

Family: For the purpose of the City of Manchester Zoning Ordinance, the term “family” shall

mean:

Article 3. Definitions

Page 3 - 6

A.) One or more adult persons occupying a single unit, living and cooking together as a

single housekeeping unit, exclusive of domestic servants, who are related by blood,

adoption, marriage, or other domestic relationship recognized by the State of New

Hampshire.

B.) A number of adult persons not exceeding four (4) living and cooking together as a single

housekeeping unit though not related by blood, adoption, marriage or other domestic

relationship recognized by the State of New Hampshire, shall constitute a family.

C.) Regardless of the definition set forth herein, foster children shall be allowed in

accordance with NH State Regulations.

D.) Roomers, boarders, and other transient guests cannot be considered members of a family

for this purpose of this definition. (Rev. 09/07/21)

Feepayer: A person applying for the issuance of a building permit which would create new

development. (For Impact Fee assessment purposes) (Rev. 8/15/17)

Fence: A constructed barrier of any material or combination of materials erected for the purpose

of enclosing or separating all or a portion of a lot. That portion of a wall which is above grade

on only one side shall not constitute a fence. (Also see Screening)

Flag: Any fabric containing distinctive colors, patterns, or symbols, and used as a symbol of a

government or political subdivision thereof.

Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency

Management Agency (FEMA) has delineated both the special hazard areas and the risk premium

zones applicable to the City of Manchester.

Floodplain or Flood-prone area: Any land area susceptible to being inundated by water from any

source.

Flood-proofing: Any combination of structural and non-structural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real

property, water and sanitary facilities, structures and their contents.

Floor Area, Gross: The sum of the areas of the several floors of a building, including horizontal

areas used for human occupancy in basements, attics, and penthouses, as measured from the

exterior faces of the walls. It does not include unenclosed porches, or attics not used for human

occupancy, or any such floor space intended and designed for accessory heating and ventilation

equipment.

Floor Area Ratio (FAR): The ratio of gross floor area on a lot to the total lot area. The gross

floor area calculation shall not include parking garages. (Rev. 3/20/01)

Frontage: The linear distance of any one property line of a lot, which abuts a legally accessible

accepted public street, as classified by RSA 229:5. (Also see Lot Line, Front)

Article 3. Definitions

Page 3 - 7

Grade: The lowest point of elevation of the existing surface of the ground within the area

between a building and a line five (5) feet from the building.

Gross Leasable Area (GLA): The total floor area for which the tenant pays rent and that is

designed for tenant occupancy, excluding public or common areas and malls, utility rooms, and

stairwells.

Groundwater: Subsurface water that occurs beneath the water table in soils and geologic

formations. (Rev. 11/28/06)

Groundwater Management Zone: Designated by the State through the permit process as a

component of the remediation of contaminated groundwater. The State shall issue permits or

other similar controls for such zones that establish a time period and process for the remediation

of the groundwater. (Rev. 11/28/06)

Halfway House: A supervised facility where two or more offenders sentenced by a court to a

period of incarceration reside for the purpose of rehabilitation, behavioral modification or

therapeutic counseling. A halfway house may provide for the care and supervision of delinquent

youth, persons with mental health illnesses or substance abuse issues (e.g. alcoholism, drug

addition) or for the care of persons being aided in reintegration to society following a period of

incarceration or institutional treatment. (Rev. 5/1/12)

Handicap: See Disability. (Rev. 2/6/2024)

Historic Structure: Any structure that: a) is listed individually in the National Register of

Historic Places, such listing as maintained by the U. S. Department of Interior; b) has a

preliminary determination by the Secretary of the Interior as meeting the requirements for

individual listing in the National Register; c) is a contributing structure within a local historic

district; or d) is a local historic landmark as designated by the Heritage Commission.

Home Occupation: A lawful accessory use of a dwelling unit for commercial or non-residential

uses by a resident thereof which is subordinate to the use of the dwelling as a residence.

Hotel: An establishment which provides transient lodging accommodations to the general

public, available on a daily basis, and which may also provide other services such as restaurants,

meeting rooms, and recreational facilities, but does not provide in-room cooking facilities.

Impervious Surface: The surface within a lot which does not absorb rain which includes all

buildings, roads, sidewalks, parking areas, and any area paved with bricks, concrete or asphalt.

Junk: Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the

process of being dismantled, destroyed, processed, salvaged, stored, baled, or disposed.

Ldn: See “Day-Night Sound Level Contour”.

Article 3. Definitions

Page 3 - 8

Livestock: Generally accepted outdoor farm animals, such as, but not limited to, cows, goats,

horses, sheep and barnyard fowl, and not including cats, dogs and other common house pets.

Lodging House (also Boarding House or Rooming House): A house, building or portion thereof

containing one (1) or more rooms that lack cooking facilities and which do not constitute

dwelling units, that are provided as living quarters for tenants, with or without the provision of

meals, on a weekly or monthly basis.

Lot: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the

purpose, whether immediate or future, of transfer of ownership or for building development.

Lot, Conforming: A lot which meets at least the minimum dimensional requirements for lot

area, lot width and frontage specified by this Ordinance for the district in which it is located.

Lot, Corner: A lot abutting upon two or more streets at their intersection, where the interior

angle of intersection of the street lot lines, or in case of a curved street the extended lot lines, are

at an angle of less than 135 degrees.

Lot, Flag: A lot which does not meet the minimum frontage requirements of the district in which

it is located, where the access to the bulk of the lot (the “flag”) from a public street is by private

right-of-way or driveway (the “mast”) comprising a narrow corridor or panhandle.

Lot, Through: A lot, other than a corner lot, which has frontage on two or more streets.

Lot Coverage: That area within a lot which is covered by impervious surface, expressed as a

percentage of the total lot area.

Lot Line: A line of record constituting a boundary that separates one lot from another or from a

public or private street or any other public space.

Lot Line, Front: The lot line separating a lot from the public street right of way on which it has

frontage. Where a lot has only one lot line on a public street, or where a street line faces the

primary façade of a building, that line shall be considered the front lot line. In the case of an

unimproved corner lot or through lot, the front lot line may be defined by the owner, so long as

the designated front lot line has the minimum frontage for that district and the primary façade of

the building faces thereon.

Lot Line, Rear: The lot line opposite the front lot line.

Lot Line, Side: Any lot line other than the front or rear lot line.

Lot Line, Street: A property line boundary between a lot and an adjoining street.

Lot, Non-conforming: A lot which was lawfully created, but which does not meet at least the

minimum lot area, lot width, and/or frontage requirements specified by this Ordinance for the

district in which it is located.

Article 3. Definitions

Page 3 - 9

Lot of Record: A lot described by deed, survey, or subdivision plat and so recorded with the

Hillsborough County Registry of Deeds.

Lot Width: The shortest horizontal distance between the side lot lines. (Rev. 9/5/06)

Lounge (also night club): A business, or segregated area of a restaurant, whose primary purpose

is the serving of alcoholic beverages but which may also offer a limited food menu and

entertainment.

Manufactured Housing (also manufactured home): Any structure transportable in one or more

sections, which in the traveling mode, is 8 body feet or more in width and 40 body feet or more

in length, or when erected on site is 320 square feet or more, and which is built on a permanent

chassis and designed to be used as a dwelling with or without a permanent foundation when

connected to required utilities, which include plumbing, heating and electrical heating systems

contained therein. Manufactured housing as defined in this section shall not include presite built

housing. For floodplain management purposes, the term "manufactured home" includes park

trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 days.

Manufactured Housing Park: The subdivision of a tract of land into sites, lots or other

leaseholds which provide for the long-term placement of manufactured housing, supported by

private, centrally managed improvements, services and facilities for the residents therein.

Manufactured Housing Subdivision: A subdivision of land to create individually owned lots

reserved exclusively for manufactured housing units.

Membership Club, Private: A building used to house a non-profit social, sports or fraternal

association or organization, the operation of which may include the serving of meals or alcoholic

beverages, for the exclusive use of the members and their guests

Modular Home: A factory-built home, other than a manufactured home, which meets all of the

following requirements: 1) it is designed only for erection or installation on a site-built

permanent foundation; 2) it is not designed to be moved once so erected and installed; and 3) it is

designed and manufactured to comply with the City of Manchester Building Code in effect at the

time of installation.

Motel: See Hotel.

Motor Vehicle, Commercial: Any registered motor vehicle or trailer having a gross vehicle

weight (GVW) of ten thousand (10,000) pounds or more, but excluding recreational vehicles that

are used only for personal leisure activity.

Nursing Home: A facility which provides basic domiciliary services (room, board and laundry)

for two or more persons and 24-hour nursing care with medical supervision provided by licensed

medical and nursing practitioners.

Article 3. Definitions

Page 3 - 10

Open Space, Useable: That area of a lot exclusive of the portions encumbered by steep slopes

(25% or more), delineated wetlands, water bodies or regulatory floodways and those portions

occupied by buildings or impervious surfaces, except where such surfaces comprise recreational

amenities.

Owner: Any person, group of persons, firm or firms, corporation or corporations, or other legal

entity having title to, or sufficient proprietary interest in, the land sought to be subdivided or

developed.

Parking Lot: An improved at-grade lot, designed for the parking of motor vehicles. A

residential parking lot is reserved exclusively for the occupants or users of a lot or lots devoted

to a residential use. A commercial parking lot provides reserved or unreserved parking for non-

residential uses.

Parking Garage: A building or structure designed for the parking of motor vehicles. A

residential parking structure is reserved exclusively for the occupants or users of a lot or lots

devoted to a residential use. A commercial parking structure provides reserved or unreserved

parking for non-residential uses.

Planned Development: Any development involving the construction or creation of two or more

principal buildings on a single lot, developed as a whole in a single development operation, or in

a series of planned development phases.

Primary Facade: The elevation of a building facing onto the front lot line that contains the

primary entrance(s), being those customarily providing entry to a living room, main entry, lobby,

waiting room or foyer.

Primary Floor: The floor of a building or structure which provides the main or principal entrance

to the building or structure from the adjacent public street.

Primary Manufacturing: Basic manufacturing processes that involve the conversion of raw

materials to a finished or semi-finished product, such as crushing, smelting, refining, distilling,

forging, brewing, and similar processes.

Public Capital Facilities: Facilities and equipment owned, maintained or operated by the City of

Manchester or the Manchester School District, which are listed in the city of Manchester’s

adopted Impact Fee schedule. (Associated with the administration of Impact Fees) (Rev.

8/15/17)

Repair: Any construction which replaces materials but does not change the height, number of

stories, size, use, or location of a structure.

Restaurant: An establishment where food is prepared, served and consumed primarily within the

principal building.

Retail: Uses primarily engaged in sales to the ultimate consumer for direct consumption.

Article 3. Definitions

Page 3 - 11

Screening: The method by which a view of one site from another adjacent site is shielded,

concealed or hidden by techniques such as vegetative buffers, hedges, berms, walls, fences or

other landscaping treatments approved under the procedures required by this Ordinance, or by

the Site Plan and Subdivision Regulations as applicable.

Self-Service Storage Facility: A building or group of buildings in a controlled access and

fenced compound that contains varying sizes of individual, compartmentalized, and controlled

access stalls or lockers for the storage of customer’s goods or wares.

Setback: The minimum linear distance between a structure or use and the nearest lot line which

is required by this Ordinance. (See also definitions relating to Yard)

Sexually Oriented Business: Any place of business at which any of the following activities is

conducted:

A. Adult Bookstore or Adult Video Store - A business that devotes more than 15%

of the total display, shelf, rack, table, stand or floor area, utilized for the display

and sale of the following: 1. Books, magazines, periodicals, or other printed

matter, or photographs, films, motion pictures, video cassettes, slides, tapes,

records, CD-ROM's or other forms of visual or audio representations which meet

the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH

RSA 571-B:1; or 2. Instruments, devices or paraphernalia which re designed for

use in connection with "sexual conduct" as defined by NH RSA 571-B:1, other

than birth control devices. An adult bookstore or adult video store does not

include an establishment that sells books or periodicals as an incidental or

accessory part of its principal stock and trade and does not devote more than 15%

of the total floor area of the establishments to the sale of books and periodicals.

B. Adult Motion Picture Theater - An establishment with a capacity of five or

more persons, where for any form of consideration, films, motion pictures, video

cassettes, slides or similar photographic reproductions are shown, and in which a

substantial portion of the total presentation time is devoted to the showing of

material which meets the definition of "harmful to minors" and/or "sexual

conduct" as set forth in NH RSA 571-B:1, for observation by patrons. For

subsections C,D,E,F and G a "substantial portion of the total presentation time"

shall mean the presentation of films or shows described above for viewing on

more than seven days within any 56 consecutive day period.

C. Adult Motion Picture Arcade - Any place to which the public is permitted or

invited wherein coin or slug-operated or electronically, electrically or

mechanically controlled still or motion picture machines, projectors, or other

image-producing devices are maintained to show images to five or fewer persons

per machine at any one time, in which a substantial portion of the total

presentation time of the images so displayed is devoted to the showing of material

Article 3. Definitions

Page 3 - 12

which meets the definition of "harmful to minors" and/or "sexual conduct" as set

forth in NH RSA 571-B:1.

D. Adult Drive-In Theater - An open lot or part thereof, with appurtenant

facilities, devoted primarily to the presentation of motion pictures, films,

theatrical productions and other forms of visual productions, for any form of

consideration to persons in motor vehicles or on outdoor seats, in which a

substantial portion of the total presentation time being presented for observation

by patrons is devoted to the showing of material which meets the definition of

"harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.

E. Adult Cabaret - A nightclub, bar, restaurant, or similar establishment which

during a substantial portion of the total presentation time features live

performances which meet the definition of "harmful to minors" and/or "sexual

conduct" as set forth in NH RSA 571-B:1, and/or feature films, motion pictures,

video cassettes, slides or other photographic reproductions, a substantial portion

of the total presentation time of which is devoted to showing of material which

meets the definition of "harmful or minors" and/or "sexual conduct" as set forth in

NH RSA 571-B:1.

F. Adult Motel - A motel or similar establishment offering public

accommodations for any form of consideration which provides patrons with

closed circuit television transmissions, films, motion pictures, video cassettes,

slides or other photographic reproductions, a substantial portion of the total

presentation time of which are distinguished or characterized by an emphasis

upon the depiction or description of materials which meets the definition of

"harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.

G. Adult Theater - A theater, concert hall, auditorium or similar establishment

either indoor or outdoor in nature, which, for any form of consideration, regularly

features live performances, a substantial portion of the total presentation time of

which are distinguished or characterized by an emphasis on activities which meets

the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH

RSA 571-B:1.

H. Nude Model Studio - A place where a person who appears in a state of nudity

or displays male genitals in a state of sexual arousal and/or the vulva or more

intimate parts of the female genitals and is observed, sketched, drawn, painted,

sculptured, photographed, or similarly depicted by other persons who pay money

or any form of consideration of such display is characterized by an emphasis on

activities which meets the definition of "harmful to minors" and/or "sexual

conduct" as set forth in NH RSA 571-B:1.

I. Sexual Encounter Center - A business or commercial enterprise that as one of

its primary business purposes, offers for any form of consideration : (A) physical

contact in the form of wrestling or tumbling between persons of the opposite sex;

Article 3. Definitions

Page 3 - 13

or (B) activities between male and female persons and/or persons of the same sex

when one or more persons is in the state of nudity; or where the activities in (A)

or (B) is characterized by an emphasis on activities which meets the definition of

"harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.

Sign: Any device that is sufficiently visible to persons not located on the lot where such a device

is located, and designed to attract the attention of such persons or communicate information to

them about products, accommodations, services, or activities on the lot where the device is

located

Sign, Awning: A sign that is a part of, or attached to an awning, a canopy, or other fabric,

plastic, or structural protective cover over a door, window, or outdoor service area.

Sign, Banner: A sign of lightweight fabric or similar material that is mounted to poles or the

wall of a building. A flag, as defined in this Ordinance, is not a banner sign.

Sign, Building: Any sign that is attached or affixed to a building including wall signs, roof signs,

projecting signs, awning signs, marquee signs, and window signs.

Sign, Building Marker: Any sign indicating the name of a building and/or the date and

incidental information about the construction of the building, and which sign is made part of, or

permanently integrated into, the materials from which the building is constructed.

Sign, Electronic Message Board: Any sign that uses changing lights to form a sign message or

messages wherein the sequence of messages and the rate of change is electronically programmed

and can be modified by electronic process.

Sign, Flashing: A sign that contains an intermittent or sequential flashing light source. An

animated or moving sign shall not be considered a flashing sign.

Sign, Freestanding: A self-supporting sign, the supports of which are permanently anchored in

the ground and are independent from any building.

Sign, Marquee: Any sign attached to or in any manner made part of a permanent roof-like

structure projecting beyond the wall of a building.

Sign, Pennant: Any lightweight plastic, fabric or similar material, whether or not containing a

message of any kind, suspended from a rope, wire, or other material, usually in a series, designed

to move in the wind.

Sign, Non-conforming: A lawfully established sign which does not conform with the sign

regulations in Article 9 of this Ordinance.

Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, or

a sign designed to be transported.

Article 3. Definitions

Page 3 - 14

Sign, Projecting: Any sign affixed to a building with the plane of the sign at an angle to the plane

of the wall of the building.

Sign, Roof: Any sign erected and constructed wholly on and over the roof of a building and

supported by the roof structure.

Sign, Temporary: A sign that is used in connection with a circumstance, situation, or event that

is designed, intended, or expected to take place or to be completed within a reasonably short or

definite period of time after the erection of the sign; or a sign that is intended to remain on the

location where it is erected or placed for a reasonably short or definite period of time after the

erection of the sign. If the sign display area is permanent but the message displayed is subject to

periodic changes, that sign shall not be regarded as a temporary sign.

Sign, Wall: A sign attached to, or erected against the wall of a building with the face of the sign

in a parallel plane to the plane of the building wall, and projecting no more than fourteen (14)

inches from the building wall.

Sign, Window: Any sign that is placed inside or upon the window panes or glass, and that is

visible from the exterior of the building or structure.

Sign Frontage: The length along the primary floor of the side or sides of a building facing a

street, which is occupied by a separate and distinct principal use.

Special Exception: A use of a building or lot which may be approved by the Board of

Adjustment in accordance with the provisions of Article 14, Appeals to the Zoning Board of

Adjustment.

Story: That portion of a building included between the upper surface of a floor and the upper

surface of the floor or roof next above.

Story, First: The lowermost story which is entirely above the grade plane, except that a basement

shall be considered a story above grade where the finished surface of the floor above the

basement is: a) more than six (6) feet above the grade plane; b) more than six (6) feet above

the finished ground level for more than fifty (50) percent of the total building perimeter; or c)

more than twelve (12) feet above the finished ground level at any point.

Story, Half: A story with at least two of its opposite sides situated under a sloping roof, the floor

area of which does not exceed two-thirds of the floor area immediately below it.

Street: A way which is over thirty feet in right-of-way width which is dedicated or devoted to

public use by legal mapping by the user, or by any other lawful procedure, and includes any

avenue, boulevard, parkway, road, land, public square, highway and similar public ways which

affords principal access to an abutting lot.

Structure: Any combination of materials for occupancy or use constructed, erected or installed

which requires location on the ground or attachment to something having a location on the

Article 3. Definitions

Page 3 - 15

ground such as a building, bridge, tower, framework, tank, tunnel, tent, stadium, platform,

shelter, pier, wharf, bin, sign, fences and retaining walls over six (6) feet in height, or the like.

Substantial Improvement (for Flood Hazard Area Management purposes) Any combination of

repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost

equals or exceeds fifty (50) percent of the market value of the structure. The market value of the

structure should equal: (1) the appraised value prior to the start of the initial repair or

improvement, or (2) in the case of damage, the value of the structure prior to the damage

occurring. For the purposes of this definition, "substantial improvement" is considered to occur

when the first alteration of any wall, ceiling, floor, or other structural part of the building

commences, whether or not that alteration affects the external dimensions of the structure. This

term includes structures which have incurred substantial damage, regardless of actual repair

work performed. The term does not, however, include any project for improvement of a structure

required to comply with existing health, sanitary, or safety code specifications which are solely

necessary to assure safe living conditions or any alteration of an "historic structure," provided

that the alteration will not preclude the structure's continued designation as an "historic

structure."

Use, Accessory: A use which exists on the same lot as the principal use of the property to which

it is related, and which is customarily incidental and subordinate to the principal use.

Use, Non-conforming: A use which was lawful prior to the adoption or amendment to the

zoning ordinance but which fails by reason of such adoption or amendment to conform to the

present requirement of the zoning district.

Use, Principal: The main or primary purpose or purposes for which a structure or lot is designed,

arranged or intended or for which they may be used, occupied or maintained under this

Ordinance consistent with Article 5 of this Ordinance, Table of Principal Uses.

Wetlands: Those areas that are inundated or saturated by surface water or groundwater at a

frequency and duration sufficient to support, and that under normal conditions do support a

prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally

include, but are not limited to, swamps, marshes, bogs, and similar areas.

Wetland Scientist: A person who, by reason of multi-disciplinary expertise in wetland science

acquired by professional education and practical experience, is qualified to practice wetland

science.

Wholesale: Uses providing primarily for the storage, transfer, or resale of goods, and principally

not for direct consumption by the buyer.

Yard: The entire open space that lies between the principal building or buildings and the lot or

street lines. The minimum yard as set forth in this Ordinance in Article 6, Table of Dimensional

Regulations, is that portion of the yard which lies between the lot or street line and the minimum

setback distance required under this Ordinance. Except as specified in this Ordinance, the

Article 3. Definitions

Page 3 - 16

minimum yard area shall remain unoccupied and unobstructed from the ground upward by

buildings, structures, or other impervious surface.

Yard, Front: The area of a lot extending for the full width of the lot between the front line of the

building wall and the front lot line.

Yard, Rear: The area of a lot extending for the full width of the lot between the rear line of the

building wall and the rear lot line.

Yard, Side: The area of a lot extending for the full length of a building between the building

wall and the side lot line.

Variance: Specific relief from the terms of this Ordinance as granted by Board of Adjustment,

upon appeal and as authorized Ordinance in Article 14, Appeals to the Zoning Board of

Adjustment.

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 1

ARTICLE 4. ESTABLISHMENT OF ZONING DISTRICTS & ZONING

MAPS

4.01 Establishment and Purpose of Districts

A. Base districts. All of the land in the City of Manchester is hereby divided into the following

base districts, established for the purposes so stated, with the district boundaries as shown on the

Official Zoning Base District Map:

1. Residential-Suburban District (RS)- Low Density. The purpose of this district is to

maintain a low density rural and suburban environment at the periphery of the City, with

appropriate lot size to support single family residential uses in areas generally located

outside public sewer service areas. Non-residential uses are limited to those uses that are

found to be compatible with low density residential living.

2. Residential One Family District (R-1A) - Medium Density. The purpose of this

district is to create stable lower density neighborhoods of single family homes on larger

lots served by public water and sewer, characterized by minimum lot sizes, lot widths,

setback and yard requirements than are greater than those found in the higher density R-

1B district.

3. Residential One Family District (R-1B) - High Density. The purpose of this district

is to support higher density single family neighborhoods while maintaining livable

densities on small urban lots. The lot size, frontage, and yard requirements of R-1B

provide for the higher density single family housing development within the City on lots

considered to be the minimum needed to support single family detached homes while

maintaining acceptable neighborhood quality.

4. Residential Two Family District (R-2). The R-2 district forms a loose band around

the densely developed inner city area, representing a transitional district between lower

development densities of the single family districts and the maximum densities of the

inner city. This district was established to maintain the integrity of existing moderate

density neighborhoods that are nearly fully developed with a mix of single family and

two family structures, but which are close to the Central Business District.

5. Residential Suburban Multifamily District (R-SM). The intent of the Residential

Suburban Multi-Family District, is to create opportunities for new townhouse and

multifamily development on tracts of adequate size to constitute a neighborhood unit

which is reasonably related to the capacity of streets and the scale of other developments

in adjoining areas. It is not the intent of this district to encourage in-fill development

with townhouse or multi-family structures on small parcels or sites. An R-SM district

shall be at least 10 acres in area. (Rev. 2/3/04)

6. Urban Multifamily District (R-3). The intent of this zoning district is to maintain the

inner city neighborhoods at a density which affords the opportunity to develop or

redevelop multifamily housing at the maximum density considered appropriate to sustain

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 2

neighborhood quality in an urban setting. Its primary purpose is to define residential

densities appropriate for the inner city neighborhoods, while preserving opportunities for

some neighborhood-serving businesses to be integrated therein. Special provisions

within the district permit, under certain conditions, the development of high density high-

rise structures for the elderly.

7. Neighborhood Business District (B-1). The purpose of the Neighborhood Business

Zone is to provide limited areas for the location of small scale retail and service

establishments intended to serve localized markets, including smaller retail, service and

restaurant uses but excluding gas stations. This district is primarily intended to allow

small scale retail, business and professional services and offices that provide convenience

to neighborhood residents, and which are determined to be compatible in scale and type

of use with adjacent to higher density residential neighborhoods. Uses that generate

heavy vehicular traffic, or require large amounts of outside storage and parking, or which

introduce excessive noise or lighting are generally considered incompatible with

neighborhood-scale business uses.

8. General Business District (B-2). The purpose of the General Business District is to

provide appropriate locations in the city for the development and operation of a mixture

of commercial uses and personal and business services that have a community-wide or

regional market and which require access from major city streets and proximity to arterial

highways, including automotive-oriented uses, larger scale retail, and shopping centers.

The variety, scale and intensity of the permitted commercial uses in the B-2 zone are

intended to be greater than those permitted in the B-1 neighborhood business zone.

9. Central Business District (CBD). This district exists for the purpose of protecting

and enhancing the economic vitality of the downtown area with maximum convenience

to the public and inclusive of a wide variety of uses, developed at maximum densities,

including high-rise office construction. The intent of the district is to sustain the CBD as

an urban activity center which integrates a mix of uses and activities including

governmental, financial, entertainment and cultural, service and retail uses of all sizes.

Encouraged within the CBD are uses that stabilize the downtown by enhancing its

architectural heritage, and which create a viable pedestrian environment supported by the

availability of public transit and by centralized and satellite parking structures.

10. Redevelopment District (RDV) - Mixed Use. The intent of this district is to provide

a transitional mixed use district that facilitates the redevelopment of areas lying between

the Central Business District and the residential multifamily districts. The RDV District

follows the axis of an abandoned rail corridor that once supported industrial uses, but

which now represents an area of underutilized land and buildings. The provisions for

this district reflect the need to provide flexible opportunities for redevelopment to a more

productive mixture of commercial, industrial, and residential uses, subject to performance

standards that will protect existing adjacent residential neighborhoods.

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 3

11. General Industrial/Industrial Park (IND). In order to provide a sound economic

base for the community, this district is intended to set aside appropriate areas of the City

for the production of goods, materials and knowledge. Manufacturing, warehousing,

research and development, distribution and selected offices (those not primarily customer

oriented) are encouraged in these areas. Retail and service businesses may be permitted

only to the extent that they service the workforce of the Industrial Park.

12. Amoskeag Millyard Mixed Use District (AMX). It is the intent of this Ordinance to

recognize the Millyard as a unique architectural asset of the City which warrants special

consideration in promoting the retention and reuse of its existing buildings within a

mixed use district. The Ordinance provisions for this district recognize that the future

prosperity of the Millyard and the economic well-being of the downtown can require

special reviews of planning and design issues such as pedestrian linkages to the

downtown and the Merrimack River; maintaining a balanced diversity of uses;

responsiveness to changing market demands; proper design control and planned

integration of uses; and the promotion of additional resident and visitor enjoyment of the

Millyard and the Merrimack River. [Note: Two historic district overlays are found

within the AMX district: see Amoskeag Millyard Historic District Overlay, and

Amoskeag Corporation Housing Historic District Overlay]

13. Civic-Institutional District (C-1). This district was established to encourage the

consolidation of civic and other public and institutional uses into a single centralized area

convenient to inner-city employees, shoppers, residents and visitors. Educational,

cultural, museum and fine arts, and religious uses predominate, while a mix of

multifamily dwellings and row housing are generally considered an appropriate

complement to the district.

14. Civic-Hospital District (C-2). It is the intent of the Civic-Hospital district is to

establish suitable areas for the orderly development of facilities providing health care to

the public, including hospitals and supporting uses and services. Supporting uses and

services are considered to be those which are reasonably associated with a hospital

including: professional medical offices, laboratory facilities; extended care facilities

providing long term medical or nursing care on a resident or outpatient basis; limited

retail activities supplying the hospital and its patients with equipment, pharmaceuticals

and other supplies; and other subordinate and accessory uses and services directly

associated with hospital activities.

15. Research Park District (RP). The purpose of the Research Park District is to set

aside and retain contiguous tracts of land capable of supporting large scale integrated

development of professional offices, educational and research and development

functions, in addition to commercial and light industrial uses associated with the

production of goods, materials and knowledge. It is expected that parcels in the RP zone

would be developed in a planned park or campus-like setting in well-designed high

quality buildings which are compatible with their natural surroundings, incorporating

sufficient buffers to insulate surrounding residential areas from adverse impacts. (Rev.

7/6/10)

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 4

16. Conservation District (CV). It is the purpose of the Conservation District to set aside

areas of the City for conservation and open space with limited development uses of those

areas. The intent is to preserve key natural areas and allow open space for the enjoyment

of the residents.

B. Overlay Districts. Certain lands within the City of Manchester are hereby included in the

following overlay districts for the purposes so stated, as described below and as depicted on the

Official Zoning Overlay District Maps. The overlay districts are superimposed upon the base

districts and the provisions of each of the overlay district shall be in addition to the provisions of

the base district. Land encumbered by restrictions of a base district and one or more overlay

districts shall be used only if and to the extent that the proposed use is permitted both in the

based district and in the applicable overlay district or districts. Wherever the regulations differ

between the base and overlay districts, the regulations that impose the more restrictive provisions

or the higher standard shall control. The following overlay districts are hereby established for

the public purposes stated:

1. Floodplain (F) District - The Floodplain District is established for the following

purposes:

a. To reduce the hazards of floods upon the public health, safety, and welfare;

b. To protect floodplain occupants from a flood that is or may be caused by their

own land use;

c. To protect the public from the burden of extraordinary financial expenditures

for flood control and relief; and

d. To protect the capacity of floodplain areas to absorb, transmit, and store runoff.

2. Residential-Professional Office District (R-PO) Overlay. The purpose of this overlay

district is preserve concentrations of large, architecturally significant, older residential

structures within a residential district by enhancing the economic viability of the

buildings by allowing them to be converted and maintained as low-intensity professional

that are compatible in scale, density and use with the surrounding and adjacent residential

neighborhoods.

3. Amoskeag Millyard Historic District Overlay. In order to provide for the

preservation of structures and areas of historic or architectural value in the Amoskeag

Millyard, the Amoskeag Millyard Historic District Overlay is superimposed over the

entirety of the "Amoskeag Millyard Mixed Use District" (AMX). The preservation of

structures and areas of historic or architectural value in the Millyard is hereby declared to

be a public purpose. The purpose of this overlay is not to prohibit demolition, new

construction and alterations, but to insure that the unique character of the Amoskeag

Millyard is preserved. Preventing the irretrievable loss of historic or architecturally

significant buildings and their unique character is important to the economic well-being

of the City, which will be strengthened by:

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 5

a. Preserving the Millyard's architectural and historic setting;

b. Conserving the property values in the district;

c. Promoting Manchester's unique character;

d. Strengthening the local economy; and

e. Promoting the use of the historic district for education, pleasure, and welfare of

the citizens of Manchester and visitors to the City.

4. Amoskeag Corporation Housing Historic District Overlay. The Amoskeag

Corporation Housing Historic Overlay District is hereby superimposed over the

Amoskeag Millyard Mixed Use District (AMX). The purpose of this overlay district is to

protect an area of unique character and architecture which can contribute significantly to

the attractiveness and vitality of downtown Manchester. The creation of this overlay

district recognizes that the character and nature of the area depends on the unity of design

of a complex of buildings that represents a value greater than the sum of the individual

contributions of each structure. The character and value of the area within the overlay is

recognized as a fundamental component of the City’s early development. The continuity

of rich architectural expression, quality and integrity in closely related styles, materials,

scale and detail of individual buildings is an integral component of long range

development goals for the downtown. The opportunities that the area offers are include

retention of the architectural and historic values characteristic in this complex, and the

presence of valuable resources for present and future housing and office needs. Through

coordinated landscaping, development of pedestrian ways, and improvements to private

and public open spaces adjoining the buildings, a rich, attractive and vital urban

environment can be created and preserved for future generations. This overlay is

intended to regulate the exterior appearance of existing and proposed structures, and to

restrict those activities that could alter the use and appearance of the exterior spaces

adjoining these buildings, while encouraging the rehabilitation and improvement of this

area.

5. Airport Navigational Hazard Overlay. Reasonable visibility and navigational control

is essential to public safety in the vicinity of the Manchester Airport. The purpose of this

overlay district is to preclude the establishment of uses, structures, or other activities that

would obstruct or impair the aerial approach to airport by creating electrical impulses or

disturbances which interfere with radio aids, communications and lights that may result

in glare in the vision of pilots of aircraft or be confused with airport lights.

6. Airport Approach Overlay District. The purpose of this overlay district is to prevent

the penetration of buildings, structures, trees or other intrusions into airspace reserved for

use of aircraft landing and taking off at the Manchester Airport. The primary function of

this overlay district is to provide a review and approval procedure which places

supplemental controls on the height of structures or natural growth along an imaginary

inclined surface. The approach overlay district boundaries are based on the ultimate

future expansion and orientation of runways planned for the Manchester Airport.

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 6

7. Airport Noise Overlay District. The purpose of this overlay district is to avoid the

establishment of land uses in the vicinity of the Manchester Airport that are incompatible

with the noise levels generated by the take off and landing of aircraft, and to allow other

uses to be established which may be compatible if soundproofing standards are integrated

into new building construction. The establishment of the district is also intended to

reducing future public costs to acquire property or otherwise mitigating the noise impacts

of planned airport expansion. The primary intent of this overlay is to identify and

preclude the establishment of incompatible uses, and to require soundproofing for

compatible new development that may be affected by airport noise.

8. Arena Overlay District. This purpose of this overlay district is to develop an area that

is compatible with and complementary to the Civic Center. This can be accomplished by

creating an area that is pedestrian oriented; discouraging auto intensive uses; promoting a

higher quality of design including signage; and ensuring compatible land uses. Land uses

which are encouraged include; restaurants, retail shops, entertainment, hotels, personal

services and housing. By following the overlay guidelines, the City will insure a

maximum economic spin off from the Civic Center and provide an enriching urban

experience for the City. (Rev. 6/9/03)

9. Manchester Landfill Groundwater Management Zone (ML-GMZ). The purpose of this

overlay district is to protect public health by restricting groundwater use. The

groundwater quality is being monitored under a permit issued by New Hampshire

Department of Environmental Services (NHDES). Pumping of groundwater from any

well, trench or other structure for residential, irrigation, agricultural or industrial purpose

is prohibited, unless it is for the specific purpose of pumping groundwater out of a sump

to keep a cellar from flooding. The extent of the District shall be referenced by NHDES

Permit as the Manchester Landfill Groundwater Management Zone. (Rev. 11/28/06)

10. Lake Massabesic Protection Overlay District (LMPOD). The purpose of this overlay

district is to protect the Lake Massabesic drinking water supply to the City of

Manchester. (Rev. 11/28/06)

4.02 Official Zoning Maps

A. Official Zoning Base District Map. The official zoning district map of the City of

Manchester depicts the boundaries of all of the base districts, and shall be maintained by the

Planning and Community Development Department. In addition to the base districts, the map

includes the Residential-Professional Office (R-PO) Overlay districts and the Historic Districts

Overlay districts, the Arena Overlay District, the Manchester Landfill Groundwater

Management Zone (ML-GMZ) Overlay District and the Lake Massabesic Protection Overlay

District. The Airport Navigational Hazards Overlay is not mapped because it includes the entire

City. (Rev. 11/28/06)

B. Other Official Zoning Overlay Maps. The official zoning overlay maps are a series of

topical maps which shall be maintained at the office of the Director of Planning and Community

Development of the City of Manchester, which include: (Rev. 4/21/09)

Article 4. Establishment of Zoning Districts and Zoning Map

Page 4 - 7

1. The Flood Insurance Rate Map (FIRM) and the Flood Boundary and Floodway Map

(FBFM), as published by the Federal Emergency Management Agency, Federal

Insurance Administration, on February 18, 1981, display the boundaries of, and special

limits within, the Floodplain (F) District which identify areas in which certain uses are

either prohibited or subject to more stringent regulations requiring floodproofing.

2. The Airport Approach Overlay Map displays those portions of the City and

surrounding towns which lie within the approach paths to and from the runways and

fields of the Manchester Airport within which supplementary height controls on

structures and natural growth are applicable to maintained unobstructed flight paths;

3. The Airport Noise Overlay Map displays noise contour intervals, and defines three

sub-zones for the City of Manchester and surrounding affected towns in the vicinity of

the Manchester Airport within which certain incompatible uses are either prohibited or

are permitted subject to soundproofing;

C. Amendments to the Zoning Maps. Whenever amendments are adopted that change District

boundaries, whether to a base or overlay district, the affected official zoning map(s) shall be

revised to reflect such amendments, and the date of adoption of the amendment shall be noted on

the map(s).

D. Interpretation of District Boundaries. The location of district boundaries shall be as shown

on the zoning maps or as otherwise described in this Ordinance. Where any uncertainty exists

with respect to the boundary of any district as shown on an official zoning base district or

overlay map, the following rules of interpretation shall be applied:

1. Where a boundary is indicated as a highway, street, alley, railroad, watercourse or

City boundary, it shall be construed to be the centerline thereof;

2. Where a boundary is indicated as approximately parallel to a highway, street, alley,

railroad, watercourse, or City boundary, it shall be construed as parallel thereto at such

distance from the centerline thereof as shown on the official zoning map(s);

3. If no dimension is given on the official zoning map(s), the location of any boundary

shall be determined by the use of the scale shown on the official zoning map(s);

4. Where a district boundary lies within ten (10) feet or less of a lot line, the boundary

shall be construed to be the lot line; and

5. All boundary questions not resolved by methods (1) through (4) above shall be

interpreted and determined by the Board of Adjustment.

Article 5. Use Regulations

Page 5 - 1

ARTICLE 5. USE REGULATIONS

5.01 Uses permitted by right.

A use denoted by the letter “P” within a zoning district, as set forth in Section 5.10, Table of

Principal Uses, and Section 5.11, Table of Accessory Uses is a use permitted by right in a

district, subject to all other applicable sections of this Ordinance and other local, state, and

federal laws, rules and regulations.

5.02 Uses permitted by special exception.

A use denoted by the letters “SE” within a zoning district, as set forth in Section 5.10, Table of

Principal Uses, and Section 5.11, Table of Accessory Uses, is a use which may be authorized by

special exception in that district, subject to all other conditions of approval as specified in this

Ordinance. The Board of Adjustment may grant special exceptions in accordance with the

procedures and conditions set forth in Article 14 of this Ordinance, Appeals to the Board of

Adjustment, subject to all other applicable sections of this Ordinance and other local, state, and

federal laws, rules and regulations.

5.03 Uses permitted by conditional use permit.

A use denoted by the letters “CU” within a zoning district, as set forth in Section 5.10, Table of

Principal Uses, and Section 5.11, Table of Accessory Uses is a use which may be authorized by a

conditional use permit in that district, subject to all other conditions of approval for such as

specified in this Ordinance. The Planning Board may grant a conditional use permit in

accordance with the procedures and conditions set forth in Article 12 of this Ordinance,

Conditional Use Permits, subject to all other applicable sections of this Ordinance and other

local, state, and federal laws, rules and regulations.

5.04 Uses not permitted.

A use denoted by a dashed line (--) within a zoning district, as set forth in Section 5.10, Table of

Principal Uses, and Section 5.11, Table of Accessory Uses is a use which is not permitted in that

district.

5.05 Administrative classification of uses not specified or change in use.

A. Interpretation of the Director of Planning and Community Development Department. In the

event that a proposed use is not identified within the Table of Use Regulations, or where a

change in a use permitted by right to another use is proposed, the Director of Planning and

Community Development Department is authorized to render a decision on the administrative

classification of said use. (Rev. 4/21/09)

B. Criteria for decision. In reaching a decision on the classification of a use, the Director of

Planning and Community Development Department may consider such factors as the similarity

of the proposed use to others included in the Table of Use Regulations with respect to

Article 5. Use Regulations

Page 5 - 2

substantive changes in the function, utility, or the intensity of the use with respect to parking,

loading, customer traffic or other impacts. The Director of Planning and Community

Development Department may also consider the similarity of the proposed use to the hierarchy

of non-residential uses as identified in the “North American Industry Classification System”, and

the relationship of the classification to the Table of Use Regulations. (Rev. 4/21/09)

C. Administrative decision on classification. On the basis of these considerations, the Director

of Planning and Community Development Department shall render a decision which indicates an

administrative classification of the proposed use or change in use, and a determination that:

(Rev. 4/21/09)

1. the use is permitted by right; or

2. the use requires a special exception, conditional use permit, or other approval;

3. the use is not permitted under the Ordinance.

D. Appeal of decision on classification. Appeals of any decision by the Director of Planning

and Community Development Department shall require an appeal of an administrative decision

to the Zoning Board of Adjustment, in accordance with the procedures set forth in Article 14,

Appeals to the Board of Adjustment. (Rev. 4/21/09)

E. Change from a non-conforming use. A change in use from a non-conforming use to another

use not permitted shall require a special exception from the Board of Adjustment, subject to the

review criteria established in Section 11.04, Non-conforming uses.

5.06 Supplementary use regulations.

Certain uses set forth in Sections 5.10, Table of Principal Uses and Section 5.11 Table of

Accessory Uses are subject to specific conditions and standards contained in Article 8,

Supplementary Regulations. Such regulations shall apply to all such uses, regardless of the

zoning district in which the use is located, whether the use is permitted by right, special

exception, or conditional use permit. Uses subject to supplementary regulations are subject to

all other applicable sections of this Ordinance and other local, state, and federal laws, rules and

regulations. The Table of Principal Uses and the Table of Accessory Uses identifies where the

specific supplementary regulations within Article 8 may be found.

5.07 All uses subject to overlay district provisions

In addition to the use regulations which pertain to the base districts designated within the Table

of Principal Uses (Section 5.10), certain regulations and procedures for base districts and overlay

districts are set forth in Article 7. Overlay Districts. Uses which are authorized by the Table of

Principal Uses may be further restricted or prohibited if they are also located within one or more

overlay districts. Wherever there is a conflict between the provisions of an overlay district and

Article 5. Use Regulations

Page 5 - 3

a base district, the provision which imposes the greater restriction or the higher standard shall

control.

5.08 Multiple structures or uses on a single lot

No more than one principal structure shall occupy a single lot of record, unless approved by the

Planning Board as a Planned Development and meeting the provisions of Section 5.12 Planned

Development. Multiple principal uses may be established on a single lot to the extent that such

uses are authorized within the Table of Principal Uses for the district in which the lot is located,

and only if those uses are determined to be compatible and are contained within the same

structure, or have been approved by the Planning Board.

5.09 Subdivision and site plan approval

The subdivision of land and certain residential and non-residential projects are subject to the

approval of the Planning Board under the provisions of the Subdivision and Site Plan

Regulations. The application for a conditional use permit from the Planning Board under this

Ordinance may be undertaken simultaneously with the site plan or subdivision approval process,

as applicable, under the provisions of Article 12 of this Ordinance, Conditional Use Permits.

5.10 Table of Principal Uses

A. In the base districts established under Article 4, Establishment of Zoning Districts and

Zoning Map, of this Ordinance, no building, structure, or land shall be used or occupied

except as set forth in the Table of Principal Uses, subject to all other provisions and standards

of this Ordinance, and other local, state and federal laws, rules and regulations. The Table of

Principal Uses is organized according to a functional economic classification of land uses.

B. A non-residential use not specified in the Table of Principal Uses shall be classified as a

Conditional Use and such uses shall be subject to the provisions of Article 12 of this

Ordinance.

5.11 Table of Accessory Uses

In the base districts established under Article 4, Establishment of Zoning Districts and Zoning

Maps, of this Ordinance, no building, structure, or land use shall be occupied except as set forth

in the Table of Accessory Uses, subject to all other provisions and standards of this Ordinance,

and other local, state and federal laws, rules and regulations. The Table of Accessory Uses is

organized according to the types of accessory uses typically found with residential development

and with non-residential development.

5.12 Planned Development

A Planned Development shall be allowed if it meets the requirements of this section and is

submitted and approved by the Planning Board per the Site Plan Review Regulations. The

following requirements shall apply:

Article 5. Use Regulations

Page 5 - 4

A. The principal, and any accessory, structures and uses of a planned

development shall relate to the character and purpose of the planned

development. Buildings shall be considered separate and unattached if

connected by ancillary features such as, but not limited to, fences,

breezeways, carports, enclosed corridors, porches, porch roofs, or similar

minor connections.

B. A residential planned development shall not exceed the dwelling unit

density of a standard subdivision which would be allowed under subdivision

control.

C. A planned development, residential or non-residential, shall be appropriate

to the surrounding neighborhood in terms of character, scale and density,

and shall not detract from the surrounding neighborhood.

5.10 TABLE OF PRINCIPAL USES

RESIDENTIAL

BUSINESS

INDUSTRY/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU – Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Rese

arch Park

Redevelopment

Amoskeag Millyard Mi

xed

Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference (refer to

these sections of the Ordinance for specific

standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

RESIDENTIAL

Single family detached dwelling

Single family attached (townhouse)

dwellings (Rev.11/5/03, 2/3/04)

12/07

2/04

11/03

8.01

Manufactured housing park or

subdivision

8.02, 8.03

Open space residential development

Duplex or two-family dwellings

(Rev. 11/5/03)

11/03

Multifamily dwellings

(Rev. 11/5/03)

11/03

8.04, 8.05, 8.06

Elderly housing and assisted living

Dwellings in upper stories of

building with commercial 1st floor

Boarding or rooming house

Congregate housing

AGRICULTURAL

Agriculture as a gainful business

except livestock

Forestry, growth and harvesting of

forest products

8.07

Agriculture and livestock, except pig

farms or rendering of livestock

8.08

Stables and equestrian centers

Commercial kennel

8.09

Veterinary hospital

RESIDENTIAL

BUSINESS

INDUSTRY/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU – Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference

(refer to these sections of the Ordinance

for specific standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

COMMERCIAL CONSTRUCTION & EXCAVATION

Excavation of Earth Materials

8.10

Building Contractor Yards

8.11

4. MANUFACTURING

Primary manufacturing industries

7/10

8.12, 8.13

Other manufacturing, fabrication,

and assembly industries

8.12, 8.13

Materials research and testing

laboratories

8.12, 8.13

Wholesale bakery or food processing

plant

8.12, 8.13

Printing and Publishing

8.12, 8.13

Research & Development

Small scale assembly, fabrication and

craftsmen businesses with no outside

storage or machinery. (Rev. 6/9/03,

7/6/10)

12/07

7/10

7.09A, 8.13

Artisans Lofts including living and

working facilities in the same unit for

craftsmen and artisans. (Rev. 6/9/03)

12/07

7.09A

TRANSPORTATION COMMUNICATION & UTILITIES

Taxi, bus, railroad passenger

terminal

Limousine or taxi service (garage)

Warehousing or wholesale storage

and distribution facilities

7/10

8.14

Truck or rail terminal

RESIDENTIAL

BUSINESS

INDUSTRY/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU – Conditional Use by the

Planning Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference (refer to these

sections of the Ordinance for specific standards

applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

Bulk fuel storage for distribution

Airports, passenger terminals, air

freight

Telecommunications Towers

(freestanding)

8.15

Telecommunications Antennas

(on Existing structures)

Radio/TV stations, offices, studios

8.16

Telephone, telecommunication, &

cable service operations and

maintenance facilities

7/10

Solid waste and resource recovery

facilities

Subject to BMA approval

Essential public services, utilities and

appurtenances

7/10

RETAIL TRADE (except automotive and restaurant uses)

Building construction materials,

nursery products, garden centers,

manufactured housing, and similar

retail uses with extensive outside

storage of inventory

2-1

Furniture and major appliance stores

greater than 8,000 square feet

2-2

Furniture and major appliance stores

up to 8,000 square feet

12/07

Convenience retail uses including

grocery, delicatessen, drug store, and

similar uses in establishments of UP

TO 8,000 square feet

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the

Planning Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevel

opment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference (refer to these

sections of the Ordinance for specific standards

applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

Convenience retail uses including

grocery, delicatessen, drug store, and

similar uses in establishments

GREATER THAN 8,000 square feet

Sales of general goods and

merchandise within an establishment

of UP TO 8,000 SQUARE FEET

12/07

Sales of other general goods and

merchandise, within an establishment

GREATER THAN 8,000 square feet

Limited retail, restaurant, hotel and

service uses servicing an industrial or

rese

arch park area in accordance with

a City area master plan

G. RESTAURANTS, EATING AND DRINKING PLACES

ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES

Restaurant of UP TO 5,000 square

feet

Restaurant of GREATER THAN

5,000 square feet

Night clubs and other establishments

ESTABLISHMENTS NOT SERVING ALCOHOLIC BEVERAGES

WITHOUT DRIVE-THROUGH SERVICE

Establishment of UP TO 5,000 square

feet

Establishment of GREATER THAN

5,000 square feet

WITH DRIVE-THROUGH SERVICE

All Establishments (Rev. 2/3/04)

2/04

8.17

RESIDENTIAL

BUSINESS

INDUSTRIAL/R &

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Subur

ban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Resear

ch Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference

(refer to these sections of the Ordinance

for specific standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

SERVICES (NON- AUTOMOTIVE)

H-1

FINANCIAL AND PROFESSIONAL SERVICES

Banking, financial, real estate, and

insurance offices

12/07

Other business and professional

offices

12/07

7/10

H-2

MEDICAL SERVICES

Offices of health care practitioners

and outpatient health care

7/10

Hospitals

8.18

Nursing homes, rehabilitation and

convalescent centers providing 24-

hour nursing care

8.18

Medical and dental laboratories

Medical research & development

7/10

Physical and occupational

rehabilitation centers

7/10

H-3

SERVICES-LODGING AND MEETING FACILITIES

Hotels and motels, and Extended Stay

facilities

Bed & Breakfast

12/07

Conference, trade or convention

center

H-4

SERVICES- PERFORMING ARTS, ENTERTAINMENT & AMUSEMENT

Theaters, cinemas, concert halls

12/07

Amusement arcade, dance hall

Dance or music studios and schools

Bowling centers, billiard halls

Sexually oriented businesses

8.19

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General

Ind./Industrial Park

Research

Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference

(refer to these sections of the Ordinance

for specific standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

Outdoor shooting range

Indoor shooting range

Mini-golf

H-5

SERVICES- RECREATION AND SPORTS FACILITIES

Competitive sports facility with

spectator seating

Indoor health & fitness center, pool,

gym or membership recreation center

12/07

Outdoor recreation facility, golf

course, or membership sports club

Campgrounds and youth camps

H-6

SERVICES - PERSONAL, BUSINESS & REPAIR

Domestic laundry and cleaning

services

Photographic studios

Beauty & barber shops, tailors, shoe

repair and shoeshine parlors

Watch, clock, jewelry, home

furnishings and small appliance repair

Photo labs, media and mailing

services, copy centers, sign shops

Self-Service Storage Facility

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevel

opment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference (refer to

these sections of the Ordinance for specific

standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

H-6

SERVICES - PERSONAL, BUSINESS & REPAIR

Funeral parlors and crematories

Industrial launderers, dyers,

linen/uniform supply

Large appliance repair, furniture

repair or upholstery shop

Equipment rental and leasing

Business equipment repair and

maintenance

Tattoo Parlors (Rev. 7/20/04)

8.06

MOTOR VEHICLE SALES, RENTAL AND RELATED SERVICES

Sale or rental of motor vehicles

including autos and small trucks,

motorcycles and snowmobiles

including incidental repair and sale of

parts

8.17

Sales or rental of boats, trailers and

motor homes and incidental sales of

related equipment and repair services

8.17

Large truck or heavy equipment sales,

rental or repair

8.17 Also: Not permitted within the IND

areas outside of the I-293/I-93 beltway.

Automotive repair

8.17 Also: Not permitted within the IND

areas outside of the I-293/I-93 beltway.

Automotive service station

8.17 Also: Not permitted within the IND

areas outside of the I-293/I-93 beltway.

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference (refer to

these sections of the Ordinance for specific

standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

MOTOR VEHICLE SALES, RENTAL AND RELATED SERVICES

Carwashes and car care centers

including muffler shops, oil change,

auto detailing and similar services

8.17 Also: Not permitted within the IND

areas outside of the I-293/I-93 beltway.

Commercial parking garage

Commercial surface parking lot

10.07H. Also: Not permitted within 1000'

of the Civic Center site.

INSTITUTIONAL (NON- MEDICAL)

Elementary or secondary school,

including recreation facilities -

PUBLIC

Elementary or secondary school,

including recreation facilities -

PRIVATE

12/07

Public or private college or university,

including dormitories

Business and trade schools

Cultural facilities, such as museums

and libraries

12/07

Commercial child day care facilities

Adult day care facilities

7/10

Membership fraternal and social

organizations & clubs

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

PRINCIPAL USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference

(refer to these sections of the Ordinance

for specific standards applicable to the use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning district

INSTITUTIONAL (NON- MEDICAL)

Churches

Monasteries and convents

Cemeteries

Ambulance and emergency services

Correctional institutions

5/12

8.20

Municipal Facilities

Halfway House

5/12

8.21

5.11 TABLE OF ACCESSORY USES

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

ACCESSORY

USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the Planning

Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference

(refer to these sections of the Ordinance

for specific standards applicable to the

use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning

district

SERVING ANY PRINCIPAL USE

Accessory buildings and appurtenant

structures such as private garage, tool

shed, greenhouse, swimming pool,

satellite dish

* Subject to the provisions of Section

8.29.

Accessory storage of one trailer, one

unregistered or uninspected

automobile or one boat.

(Rev. 11//06)

Off-street parking and loading

Signs

Wall, fence or other screening

SERVING A RESIDENTIAL PRINCIPAL USE

Accessory dwelling within a single

family detached residence

(Rev. 05/17)

5/17

8.26

Professional office in a single family

detached dwelling

Home Occupation

8.25

Accessory retail or consumer use in a

multifamily dwelling

12/07

Child care within a single family

detached dwelling unit - LESS THAN

6 CHILDREN

Child care within a dwelling unit other

than 6 above

RESIDENTIAL

BUSINESS

INDUSTRIAL/R&D

MIXED USE

CIVIC

SUPPLEMENTARY

ACCESSORY

USES

P- Permitted

-- Not Permitted

CU - Conditional Use by the

Planning Board

SE - Special Exception by the ZBA

Suburban

One Family

Two Family

Suburban Multifamily

Urban Multifamily

Neighborhood

General

Central Business District

General Ind./Industrial Park

Research Park

Redevelopment

Amoskeag Millyard Mixed Use

Institutional

Hospital

Conservation

Supplementary Regulations Reference

(refer to these sections of the Ordinance

for specific standards applicable to the

use)

Use

No.

Zoning District:

R-S

R-1A

R-1B

R-2

R-SM

R-3

B-1

B-2

CBD

IND

RDV

AMX

C-1

C-2

Applicable to the use in any zoning

district

SERVING A RESIDENTIAL PRINCIPAL USE

Sale of farm, horticultural, or nursery

products grown on site

Accessory garage or open parking

Residential parking garage or

parking lot

The keeping of domestic chickens

(9/14)

8.30

SERVING A NON-RESIDENTIAL PRINCIPAL USE

Accessory repair and storage in retail

or service establishment within a

structure

Accessory outside storage for

industrial or commercial use

Accessory manufacturing use in

business districts

Accessory offices and warehousing

for manufacturing uses

Dwelling unit for resident caretaker

or security personnel

Helicopter landing pad

Cafeterias, recreation and fitness

facilities for employees

Child care facilities primarily serving

employees

Article 6. Dimensional Regulations

Page 6 - 1

ARTICLE 6. DIMENSIONAL REGULATIONS

6.01 Minimum Lot Size

Except as provided in Articles 8 and 11, Supplementary Regulations and Non-conforming Lots,

Uses, and Structures, respectively, of this Ordinance, no buildings or structures shall be

constructed, and no use shall be established, on a lot having less buildable land area than the

minimum amount indicated in the Table of Dimensional Regulations (Section 6.07). Where the

lot is not served by a municipal sewer system and an on-site subsurface disposal system is

required, the lot size shall not be less than the area required by the New Hampshire Water Supply

and Pollution Control Division or as specified in the Table of Dimensional Regulations (Section

6.07), whichever is the larger.

6.02 Minimum Lot Frontage

Except as provided in Articles 8 and 11, Supplementary Regulations and Non-conforming Lots,

Uses, and Structures, respectively, of this Ordinance, no buildings or structures shall be

constructed, and no use shall be established, on a lot having less frontage than the minimum

dimension indicated in the Table of Dimensional Regulations (Section 6.07). Minimum lot

frontage shall be a continuous, unbroken line along one (1) street. The minimum lot frontage

dimension must be maintained within the lot as a minimum lot width to a depth of one hundred

(100) feet from the front lot line. In the case of lots which have the entire frontage on the bulb of

a cul-de-sac, the minimum frontage may be reduced to fifty (50) feet, provided that the required

minimum frontage dimension for the applicable district is observed as the minimum lot width at

the required front yard setback line.

6.03 Minimum Yard Requirements

Except as provided in Articles 8 and 11, Supplementary Regulations and Non-Conforming Lots,

Uses, and Structures, respectively, of this Ordinance, no principal buildings or structures shall be

constructed on any portion of a lot that lies within a minimum required front, rear, or side yard,

the dimensions of which are indicated in the Table of Dimensional Regulations (Section 6.07).

Projections into required yards, including balconies, bay windows, open terraces, steps, stoops,

window sills, eaves, chimneys, and fire escapes are permitted such that the projection does not

exceed two (2) feet.

A. Front Yard

The minimum front yard within a lot shall be determined by a line parallel to the front lot line at

a distance from said lot line as specified in the Table of Dimensional Regulations (Section 6.07).

Where a lot is a corner lot or otherwise has multiple street frontages, front yard dimensions shall

be observed adjacent to all such frontages, and side yard dimensions shall be observed adjacent

to all other lot lines.

Article 6. Dimensional Regulations

Page 6 - 2

B. Rear Yard

The minimum rear yard within a lot shall be determined by a line parallel to the rear lot line at a

distance from said lot line as specified in the Table of Dimensional Regulations (Section 6.07).

C. Side Yard

The minimum side yard within a lot shall be determined by lines parallel to the side lot lines at a

distance from said lot lines as specified in the Table of Dimensional Regulations (Section 6.07).

6.04 Maximum Lot Coverage

Except as provided in Article 11, Non-Conforming Lots, Uses, and Structures, of this Ordinance,

no buildings, structures, or impervious surfaces shall be constructed on a lot such that the area of

the lot covered by such buildings, structures, and impervious surfaces when calculated as a

percentage of the total lot area, shall exceed the maximum percentage as specified in the Table of

Dimensional Regulations (Section 6.07).

6.05 Maximum Number of Stories and Height of Buildings or Structures

Except as provided in Article 8, Supplementary Regulations, of this Ordinance, no buildings or

structures shall be constructed in excess of the number of stories and the maximum height as

specified in the Table of Dimensional Regulations (Section 6.07), nor shall any building or

structure be constructed in violation of the provisions of Section 7.08, Airport Approach Overlay

District, of this Ordinance. The height restrictions shall not apply to necessary appurtenant

structures not designed for human occupancy including but not limited to spires, steeples,

cupolas, domes, parapet walls, chimneys, smokestacks, flagpoles, or antennae, provided that no

such appurtenant structure may exceed fifty (50) feet in height.

6.06 Maximum Floor Area Ratio

Except as provided in Article 11, Non-Conforming Lots, Uses, and Structures, of this Ordinance,

no buildings or structures shall be constructed on a lot such that the ratio of the gross floor area

of such buildings and structures to the total lot area shall exceed the maximum floor area ratio

(FAR) as specified in the Table of Dimensional Regulations (Section 6.07).

6.07 Table of Dimensional Regulations

In the base Districts as established in Article 4, Establishment of Zoning Districts and Zoning

Map, of this Ordinance, no building, structure, or impervious surface shall be constructed except

in conformance with the standards set forth in the following Table of Dimensional Regulations

(Section 6.06), subject to all other provisions and standards of this Ordinance, and other local,

state, and federal laws, rules, and regulations.

Article 6. Dimensional Regulations

Page 6 - 3

TABLE OF DIMENSIONAL REGULATIONS

Base

District

Principal Use

of the Lot

Minimum

Lot Size

Minimum

Lot

Frontage

Minimum Setback Requirements

Maximum

Lot

Coverage

Maximum Height

Max. Floor Area

Ratio

Front

Rear

Side

Height

Stories

(sq. ft.)

(feet)

(%)

(feet)

(#)

Any permitted use

40,000

150

100

2.5

0.1

R-1A

1-Family detached DU

12,500

100

2.5

0.3

Other structure or

principal use

25,000

200

2.5

0.5

R-1B

1-Family detached DU

7,500

2.5

0.5

Other structure or

principal use

15,000

150

2.5

0.5

R-2

1 & 2 Family DU

6,500

2.5

0.5

Other structure or

principal use

10,000

100

2.5

0.5

R-3

Residential, first 3 units

(Rev. 4/6/04)

5,000

4/04

0.75

Non-residential use

10,000

100

0.75

R-SM

Residential, first 3 units

(Rev. 11/7/01)

10,000

11/01

0.5

Non-residential use

15,000

150

0.5

C-1

Any permitted use

10,000

100

2.5

0.5

C-2

Any permitted use

10,000

100

120

3.0

CBD

Any permitted use

---

5.0

B-1

Any permitted use

---

Rev.

12/07

Rev.

12/07

---

2.0

Rev. 12/07

B-2

Any permitted use

12,500

100

1.0

IND

Any permitted use

25,000

100

1.0

RDV

Any permitted use

10,000

100

---

2.0

AMX

Any permitted use

25,000

---

6.0

Any permitted use

3 acres

300

100

0.5

Any permitted use

---

Article 6. Dimensional Regulations

Page 6 - 4

6.08 Buffer Requirements

A. Landscaped Buffer Required at Certain District Boundaries

Where a B-2, IND, RDV, or RP District abuts a residential district, a landscaped buffer,

consistent with site plan regulations, shall be established to provide a visual barrier for the

adjacent residential district. A buffer of at least twenty-five (25) feet in width shall be

established along each lot line of a parcel that abuts a residential district. The buffer may contain

a mix of plantings, as long as the plantings create a dense visual barrier. The width of the

landscaped buffer may be reduced to fifteen (15) feet with the inclusion within the buffer of a

solid fence or wall of six (6) feet in height. All plantings shall be maintained in order to

perpetuate the visual barrier.

B. Limited Activity Buffer Required Adjacent to Residential Districts

A limited activity buffer shall be required for parcels located in non-residential districts and

abutting the boundary of a residential district. A limited activity buffer is also required for

parcels used for non-residential purposes within residential districts. The buffer shall be

established at such time as a new non-residential use is located on a parcel or that an existing

non-residential use is expanded or undergoes substantial renovation. The limited activity buffer

shall be fifty (50) feet in width as measured from the closest adjacent lot line of a lot used for

residential purposes. The following activities, improvements, facilities, and accessory uses are

prohibited within the limited activity buffer:

1. Ventilators or exhaust systems from commercial food preparation or processing

facilities;

2. Exterior lighting fixtures at a height in excess of ten (10) feet;

3. Illuminated signs;

4. Truck docks, loading spaces or bays, or designated truck parking areas;

5. Exterior speaker systems;

6. Drive-through windows or vehicle stacking lanes for the same;

7. The repair, dismantling, or storage of equipment or machinery;

8. Dumpsters or waste storage facilities of any kind:

9. Commercial kennels; or

10. Heating, ventilation, or air conditioning equipment that is not enclosed within

a building.

Article 6. Dimensional Regulations

Page 6 - 5

The Planning Board may grant a waiver(s) to this section in the course of the Site Plan

review process provided that the applicant can demonstrate that the granting of such

waiver(s) would be in the public interest, and that it would not be detrimental to the

abutting residential properties.

6.09 Minimum Setbacks from Wetlands

A. Setback for Buildings, Structures and Parking Lots

A twenty-five (25) foot setback shall be maintained from proposed buildings, structures and

parking lots, or enlargements thereof, to any wetland within the State Statutory jurisdiction of the

NH Department of Environmental Services. Such setback shall not apply to wetlands, or

portions thereof, which have been approved for filling by the NH Department of Environmental

Services.

B. Setback Reductions and Variances

For projects under the Site Plan or Subdivision jurisdiction of the Planning Board, the Board may

reduce such setback to promote the public interest. The Planning Board may attach such

conditions as may be necessary to mitigate such reduction. In instances where a project is not

under Planning Board jurisdiction, the Zoning Board may consider the granting of a variance to

this setback, but shall first confer with the Conservation Commission.

C. Setback for On-site Subsurface Disposal Systems

No on-site subsurface disposal system or any part thereof shall be constructed or enlarged within

one hundred twenty-five (125) feet of a wetland.

6.10 Special Lot sizes in the R-2 District

Within the R-2 District, both vacant and developed lots (which contain otherwise conforming

uses and structures) created prior to May 19, 1987 of at least 5,000 square feet in area and a lot

width of at least 50 feet shall be considered conforming and shall not be subject to consolidation

provisions of this ordinance. In addition, a new lot may be created with at least 5,000 square feet

and a lot width of at least 50 feet, provided that it is for a single-family house only and that the

Planning Board grants a Conditional Use Permit following a finding that the proposed use, lot

size, height, bulk, orientation and other specific characteristics of the proposed lot and building

are consistent with, and appropriate to, the predominant character of the adjacent neighborhood.

(Rev. 9/5/06)

6.11 Additional Dimensional Regulations for Certain Uses

Additional dimensional standards are contained in Article 8, Supplementary Regulations, of this

Ordinance. These additional dimensional standards apply to certain specified uses wherein a

use involves multiple principal structures on a single lot, or the characteristics of a use have the

potential to impact adjacent properties in a negative manner. The dimensional standards

Article 6. Dimensional Regulations

Page 6 - 6

contained in Article 8 shall supersede the standards in this Article only for those uses so

specified and under the circumstances so described in Article 8.

Article 7. Special District-Wide Regulations

Page 7 - 1

ARTICLE 7. SPECIAL DISTRICT-WIDE REGULATIONS

SPECIAL REGULATIONS APPLICABLE WITHIN BASE DISTRICTS

7.01 Amoskeag Millyard Mixed Use District (AMX)

A. Limitations on New Construction. One of the major public objectives of the establishment

of the District is to maximize the retention and reuse of existing buildings. The uses permitted

by right, conditional use permit, or by special exception within the AMX District in the Table of

Uses of Article 5 are hereby limited to establishment within buildings which existed on or prior

to October 18, 1994, except that new construction may be authorized for the following uses in

accordance with the other provisions of this Article and this Ordinance:

1. Hotels, bed and breakfast and extended stay facilities that are developed in

conjunction with a convention center

2. Taxi, bus or railroad passenger or transit terminals

3. Parking structures

4. Retail and restaurant uses of 5,000 square feet or more

5. Private competitive sports facilities

6. Theaters, cinemas and concert halls

7. Cultural and institutional uses

B. Parking Analysis. Parking in strict conformance with Article 10, Off Street Parking and

Loading Requirements, shall not be required with the AMX District. A parking plan, however,

shall be developed for each property and shall be submitted as part of the BUDP to the Planning

Board. The parking plan shall use the off-street parking space requirements of Article 10,

supplemented as necessary by other published research data on urban parking needs, as general

guidance to determine the expected parking demand to be generated by the uses within the

building. The expected demand on parking spaces may be modified based on the unique

characteristics of the individual structure or use and the characteristics of mixed uses which

operate at different hours of the day. The Plan shall identify how the expected parking demand

can be met utilizing on-site surface parking, parking to be made available within the building,

public parking available in on-street spaces or in parking garages or lots. The parking analysis

may also consider the availability of public or private satellite parking structures and lots served

by public transit or other regular shuttle services.

C. Review of BUDP. In evaluating a request for BUDP approval, the Planning Board shall take

into consideration:

1. The compatibility of proposed uses both within the buildings and in relation to

adjoining uses, taking into account the intent of this Ordinance to encourage a variety of

uses within the area;

2. The parking analysis submitted as part of the BUDP;

Article 7. Special District-Wide Regulations

Page 7 - 2

3. The proposed design of the site and buildings and the compatibility with adjacent

properties as reflected in the findings and recommendations of the Millyard Design

Committee;

4. Consistency with land use plans for the District or portions thereof, management

policies, and design standards which may, from time to time, be adopted by the City;

5. The need to consider market demands and creative approaches to mixed uses;

6. Other requirements of this section and the purposes of the District.

7.02 Research Park (RP) District

A. RP District Master Plan Required

Prior to the approval of any subdivisions or site plans pursuant to the Subdivision and Site Plan

Regulations of the City of Manchester, and prior to the issuance of any permits, a RP District

Master Plan shall be submitted to, and approved, by the Planning Board in accordance with the

requirements and procedures set forth in this Section.

B. Procedure for Consideration of an RP District Master Plan by the Planning Board

1. Submittal to the Board. An applicant shall submit a proposed Master Plan to

the Planning Board at least thirty (30) days in advance of a regular meeting of the

Board. The proposed Master Plan shall be prepared in accordance with the

provisions of this Section and accompanied by the requisite application fee, plans,

and materials.

2. Notification. A notice of a public hearing on a proposed Master Plan shall be

given to the applicant and to all abutters by certified mail not less than ten (10)

days before the date of the hearing. Notice shall also be given to the Mayor and

the Alderman of the Ward in which the application is located. A public notice

shall be posted in two (2) separate and distinct public places, and placed in a

newspaper of general circulation in the City of Manchester, not less than ten (10)

days before the date of the hearing.

3. Public Hearing. At the public hearing, the Planning Board shall hear or receive

oral or written testimony from the applicant and all abutters, and any non-abutters

who can demonstrate that they are directly affected by the proposed Master Plan

upon which the hearing is being held. The Planning Board may convene or

reconvene the public hearing within the RP District in order to allow observations

concerning the District and/or its surroundings to become part of the record of the

hearing and decision by the Board.

Article 7. Special District-Wide Regulations

Page 7 - 3

4. Requests for Additional Information. The Planning Board, before taking final

action on a proposed Master Plan, may request additional information from the

applicant as the Board deems necessary in order to reach a decision on the

proposed Master Plan.

5. Action on the Master Plan. The Planning Board shall vote to approve,

disapprove, or approve with conditions, the proposed Master Plan upon which a

hearing has been held. Action on the proposed Master Plan may be tabled by the

Board from the date of the hearing to another meeting of the Board. A majority

vote of a quorum of the Board members shall be necessary for a decision on a

proposed Master Plan.

C. Submission Materials

The applicant shall submit the following plans and materials:

1. Five (5) copies of the proposed Master Plan prepared by a licensed engineer,

licensed architect, landscape architect, or planner. The plans shall be prepared at

a scale of one (1) inch equal to two hundred (200) feet, displaying the following

information for the RP District and for an area of two hundred (200) feet

immediately thereto:

a. Existing natural features including the topography at a ten (10) foot

contour interval, surface water features, wetlands, and approximate extent

of tree cover and cover type;

b. Existing man-made features including streets and roads, driveways and

parking lots, buildings and structures including an indication of the use

thereof, and utility lines and appurtenances;

c. Existing property lines and the limits of easements and rights-of-way;

d. Approximate locations of proposed streets and utility rights-of-way;

e. Approximate locations and limits of proposed land use categories; and

f. Approximate locations and limits of proposed areas to be retained for

open space and recreation.

2. A narrative description of the proposed Master Plan including an indication of

the phasing of the development of the same, and a statement addressing the

infrastructure needed to support the development of the proposed Master Plan, the

estimated traffic impact on the City’s existing circulation system, and the

economic impact of the proposed Master Plan including both fiscal impacts as

well as employment benefits.

Article 7. Special District-Wide Regulations

Page 7 - 4

D. Standards for Review of a Proposed Master Plan by the Planning Board

In reviewing a proposed Master Plan, the Planning Board shall take into account the purposes of

the RP District, and give consideration to the following impacts of the development of the RP

District as proposed in the Master Plan:

1. The extent to which proposed open space and landscape buffers minimize

impacts on existing adjacent Districts and land uses therein;

2. Impacts on the natural resources and environmental quality of the City;

3. Impacts on pedestrian and vehicular circulation within the City;

4. The extent to which the proposed development of the RP District will

necessitate public expenditures for municipal facilities, infrastructure, and

services; and

5. Economic impacts on the City, including fiscal impacts as well as employment

benefits.

E. Amendments to an Approved Master Plan

Once an RP District Master Plan has been approved, the Planning Board shall consider and take

action upon all subdivision and site plan applications that are consistent with said Master Plan.

If an application is received that, in the opinion of the Board, is not consistent with the Master

Plan, then the Board shall not consider such an application unless and until the application is

revised to become consistent with the Master Plan, or the applicant submits an application to

amend the Master Plan. An application to amend the Master Plan shall be subject to the same

requirements and procedures as set forth in this Section for the RP District Master Plan.

F. Supplementary Regulations for Developments in the RP District

1. Parking lots, loading areas, outdoor storage, and security fencing shall not be

located within fifty (50) feet of an adjacent street or within twenty-five (25) feet

of all side and rear lot lines. Such facilities shall be screened from adjacent streets

and properties by retention of existing natural vegetation or the installation of

landscaping or a combination of both that will, in the opinion of the Planning

Board, create the most effective screening.

2. Curb cuts for driveways, whether from the same or adjacent lots, shall be

separated by a distance of no less than one thousand (1000) feet on arterial streets,

five hundred (500) feet on collector streets, and two hundred (200) feet on local

streets.

3. No high hazard uses shall be permitted in the RP District.

Article 7. Special District-Wide Regulations

Page 7 - 5

4. Exterior lighting of buildings or parking lots shall be of a low profile type and

directed away from streets and property lines.

SPECIAL REGULATIONS APPLICABLE WITHIN OVERLAY DISTRICTS

7.03 Floodplain (F) District

A. Authority for the F District

The F District is adopted pursuant to Section 1.03, Authority, of this Ordinance, and in

accordance with the provisions of RSA 674:21, Innovative Land Use Controls. The F District is

considered to be an innovative land use control as environmental characteristics zoning. Within

the F District, where so specified herein, the Planning Board is authorized to administer and

grant conditional use permits in accordance with Article 12, Conditional Use Permits, of this

Ordinance.

B. Establishment of the F District (Rev. 9/22/09)

The F District is established in accordance with, and for the purposes so stated in Section 4.01,

Establishment and Purpose of Districts, of this Ordinance. The following regulations in this

ordinance pertaining to the F District shall apply to all lands designated as special flood hazard

areas by the Federal Emergency Management Agency (FEMA) in its “Flood Insurance Study for

the County of Hillsborough, NH”, dated September 25, 2009 as amended, together with the

associated flood Insurance Rate Maps dated September 25, 2009 or as amended, which are

declared to be a part of this ordinance and are hereby incorporated by reference.

1. Definitions (for purposes of floodplain management).

Area of Special Flood Hazard: The land in the flood plain within the City of Manchester subject

to a 1 percent or greater chance of flooding in any given year. The area is designated as Zones A

or AE on the Flood Insurance Rate Map.

Base Flood: The flood having a one-percent possibility of being equaled or exceeded in any

given year.

Basement: Any area of a building having its floor subgrade on all sides.

Building: See “Structure”.

Development: Any man made change to improved or unimproved real estate, including but not

limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or

drilling operations or storage of equipment or materials.

FEMA: The Federal Emergency Management Agency.

Article 7. Special District-Wide Regulations

Page 7 - 6

Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards

and, if appropriate, corresponding water surface elevations, or an examination, evaluation and

determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

Flood or Flooding: A general and temporary condition of partial or complete inundation of

normally dry land areas from:

a. the overflow of inland or tidal waters; or

b. the unusual and rapid accumulation or runoff of surface waters from any source.

Floodway: see “Regulatory Floodway”.

Functionally dependent use: A use that cannot perform its intended purpose unless it is located

or carried out in close proximity to water. The term includes only docking and port facilities that

are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities,

but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction

next to the proposed walls of a structure.

Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished

or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an

area other than a basement area is not considered a building’s lowest floor; provided, that such

an enclosure is not built so as to render the structure in violation of the applicable non-elevation

design requirements of this ordinance.

Manufactured Home: A structure, transportable in one or more sections, which is built on a

permanent chassis and is designed for use with or without a permanent foundation when

connected to the required utilities. For floodplain management purposes, the term “manufactured

home” includes park trailers, travel trailers, and other similar vehicles placed on site for greater

than 180 consecutive days. This includes manufactured homes located in a manufactured home

park or subdivision.

Mean sea level: The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to

which base flood elevations shown on a community’s Flood Insurance Rate Maps are referenced.

New Construction: For the purposes of determining insurance rates, structures for which the

“start of construction” commenced on or after the effective date of an initial FIRM or after

December 31, 1974, whichever is later, and including any subsequent improvements to such

structures. For floodplain management purposes, new construction means structures for which

the start of construction commenced on or after the effective date of a floodplain management

regulation adopted by a community and includes any subsequent improvements to such

structures.

100 year flood: see “base flood”.

Article 7. Special District-Wide Regulations

Page 7 - 7

Recreational Vehicle:

a. built on a single chassis; and

b. 400 square feet or less when measured at the largest horizontal projections; and

c. designed to be self-propelled or permanently towable by a light duty truck and designed

primarily not for use as a permanent dwelling but as temporary living quarters for recreational,

camping, travel or seasonal use.

Regulatory floodway: The channel of a river or other watercourse and the adjacent land areas

that must be reserved in order to discharge the base flood without cumulatively increasing the

water surface elevation more than a designated height.

Special flood hazard area: see “Area of Special Flood Hazard”

Start of Construction: includes substantial improvements, and means the date the building permit

was issued, provided the actual start of construction, repair, reconstruction, placement or other

improvement was within 180 days of the permit date. The actual start means either the first

placement of permanent construction of a structure on site, such as the pouring of slab or

footings, the installation of piles, the construction of columns or any work beyond the stage of

excavation; or the placement of a manufactured home on a foundation. Permanent construction

does not include land preparation, such as clearing, grading and filling; nor does it include the

installation of streets and/or walkways; nor does it include excavation for a basement, footings,

piers or foundations or the erection of temporary forms; nor does it include the installation on the

property of accessory buildings, such as garages or sheds not occupied as dwelling units or part

of the main structure.

Structure: A walled and roofed building, including a gas or liquid storage tank that is principally

above ground, as well as a manufactured home.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring

the structure to its before damaged condition would equal or exceed 50 percent of the market

value of the structure before the damage occurred.

Violation: The failure of a structure or other development to be fully compliant with the

community’s flood plain management regulations. A structure or other development without the

elevation certificate, other certifications, or other evidence of compliance required in 44 CFR

§60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such

time as that documentation is provided.

Water surface elevation: The height, in relation to the National Geodetic Vertical Datum

(NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and

frequencies in the floodplains.

C. General Requirements for the F District (Rev. 4/21/09, 9/22/09)

Article 7. Special District-Wide Regulations

Page 7 - 8

1. Within the F District, all proposed development in any special flood hazard

area shall require a permit. The Planning and Community Development

Department Director shall review all building permit applications for new

construction or substantial improvements to determine whether proposed building

sites will be reasonably safe from flooding. If a proposed building site is in a

Special Flood Hazard Area, all new construction and substantial improvements

shall be:

a. designed (or modified) and adequately anchored to prevent flotation,

collapse, or lateral movement of the structure resulting from

hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b. constructed with materials resistant to flood damage;

c. constructed by methods and practices that minimize flood damages; and

d. constructed with electrical, heating, ventilation, plumbing, and air

conditioning equipment and other service facilities that are designed

and/or located so as to prevent water from entering or accumulating within

the components during conditions of flooding.

2. Where new and replacement water and sewer systems (including on-site

systems) are proposed in a Special Flood Hazard Area, the applicant shall provide

the Planning and Community Development Department Director with assurances

that new and replacement sanitary sewage systems will be designed to minimize

or eliminate infiltration of flood waters into the systems and discharges from the

systems into flood waters, and on-site waste disposal systems will be located to

avoid impairment to them or contamination from them during periods of flooding.

3. For all new or substantially improved structures located in the Special Flood

Hazard Area, the applicant shall furnish the following information to the Planning

and Community Development Department Director, who shall maintain such

information for public inspection and furnish it upon request:

a. the as-built elevation (in relation to the National Geodetic Vertical

Datum [NGVD] of 1929) of the lowest floor (including basement), and

include whether or not such structures contain a basement;

b. If the structure has been flood-proofed, the as-built elevation (in relation

to NGVD) to which the structure was flood-proofed; and

c. any certification of flood-proofing.

4. The Planning and Community Development Department Director shall review

proposed developments to assure that all necessary permits have been received

from those governmental agencies from which approval is required by Federal or

Article 7. Special District-Wide Regulations

Page 7 - 9

State law, including Section 404 of the Federal Water Pollution Control Act

Amendments of 1972, 33 U.S.C. 1334.

D. Alteration or Relocation of Watercourses (Rev. 4/21/09, 9/22/09)

1. In riverine situations, prior to the alteration or relocation of a watercourse, the

applicant for such authorization shall notify the Wetlands Bureau of the New

Hampshire Department of Environmental Services and submit copies of such

notification to the Planning and Community Development Department Director in

addition to the copies required by RSA 482-A:3. Further, the applicant shall be

required to submit copies of said notification to those adjacent communities as

determined by the Planning and Community Development Director, including

notice of all scheduled hearings before the Wetlands Bureau. The applicant shall

submit to the Planning and Community Development Department Director

certification, provided by a licensed professional engineer, assuring that the flood

carrying capacity of an altered or relocated watercourse can and will be

maintained.

2. Any application for a building permit in a Regulatory Floodway shall require

the granting of a conditional use permit pursuant to Article 12, Conditional Use

Permits, of this Ordinance. Along watercourses with a designated Regulatory

Floodway, no encroachments including fill, new construction, substantial

improvements, and other development are allowed within the floodway unless it

has been demonstrated through hydrologic and hydraulic analyses performed in

accordance with standard engineering practices that the proposed encroachment

would not result in any increase in flood levels within the community during the

base flood discharge. In making this determination, the Planning Board may

consult with the U.S. Army Corps of Engineers or such other experts as deemed

necessary. The Planning Board may engage a licensed professional engineer, at

the applicant’s expense, to conduct such studies as may be necessary to assist the

Board in making a determination.

3. Until a Regulatory Floodway is designated along watercourses, no new

construction, substantial improvements or other development (including fill) shall

be permitted within Zones AE on the FIRM, unless it is demonstrated by the

applicant that the cumulative effect of the proposed development, when combined

with all other existing and anticipated development, will not increase the water

surface elevation of the base flood more than one (1) foot at any point within the

community.

4. The Planning and Community Development Director shall obtain, review and

reasonably utilize any floodway data available from Federal, State or other sources as

criteria for requiring that all development located in Zone A meet the following floodway

requirement:

Article 7. Special District-Wide Regulations

Page 7 - 10

“No encroachments, including fill, new construction, substantial improvements and other

development are allowed within the floodway that would result in any increase in flood

levels within the community during the base flood discharge.”

E. Determination of 100-year Flood Levels in the F District (Rev. 9/22/09)

In Special Flood Hazard Areas, the Director of Planning and Community Development

Department shall determine the one hundred (100) year flood elevation in the following order of

precedence according to the data available:

1. In Zone AE refer to the elevation data provided in the Flood Insurance Study

for the City of Manchester and accompanying FIRM and FBFM;

2. In unnumbered A Zones, the Director of Planning and Community

Development Department shall obtain, review, and reasonably utilize any one

hundred (100) year flood elevation data available from Federal, State, or other

source including data submitted pursuant to development applications to the City

of Manchester; and

F. Design Standards in the F District (Rev. 9/22/09)

In Zones AE and A it shall be required that:

1. All new construction and substantial improvements of residential structures

have the lowest floor (including basement) elevated to or above the one hundred

(100) year flood level;

2. All new construction and substantial improvements of non-residential

structures have the lowest floor (including basement) elevated to or above the one

hundred (100) year flood level; or together with attendant utility and sanitary

facilities, shall:

a. Be flood-proofed so that below the one hundred (100) year flood

elevation the structure is watertight with walls substantially impermeable

to the passage of water;

b. Have structural components capable of resisting hydrostatic and

hydrodynamic loads and the effects of buoyancy; and

c. Be certified by a licensed professional engineer or architect that the

design and methods of construction are in accordance with accepted

standards of practice for meeting the provisions of this Section;

3. No manufactured homes be placed or substantially improved within Special Flood

Hazard Areas;

Article 7. Special District-Wide Regulations

Page 7 - 11

4. Recreational vehicles placed on sites within Zones A or AE shall:

a. Be on the site for fewer than 180 consecutive days;

b. Be fully licensed and ready for highway use; or

c. Meet all standards of Section 60.3(b)(1) of the National Flood Insurance

Program Regulations and the elevation and anchoring requirements for

"manufactured homes" in Paragraph (c)(6) of Section 60.3.

5. For all new construction and substantial improvements, fully enclosed areas below the

lowest floor that are subject to flooding are permitted providing the enclosed areas meet

the following requirements:

a. The enclosed area is unfinished or flood resistant, usable solely for

parking of vehicles, building access or storage;

b. The area is not a basement;

c. Shall be designed to automatically equalize hydrostatic flood forces on

exterior walls by allowing for the entry and exit of floodwaters. Designs

for meeting this requirement must either be certified by a licensed

professional engineer or architect or must meet or exceed the following

minimum criteria: A minimum of two (2) openings having a total net area

of not less than one (1) square inch for every square foot of enclosed area

subject to flooding shall be provided. The bottom of all openings shall be

no higher than one (1) foot above grade. Openings may be equipped with

screens, louvers, or other coverings or devices provided that they permit

the automatic entry and exit of floodwaters; and

G. Appeals to the Zoning Board of Adjustment (ZBA) in the F District (Rev. 9/22/09)

1. Any appeal of a determination or decision made pursuant to this Section (other than a

determination or decision related to a conditional use permit), shall be in accordance with

Article 14, Appeals to the Zoning Board of Adjustment, of this Ordinance.

2. If a variance is requested, the applicant shall have the burden of presenting evidence

sufficient to allow the ZBA to reach conclusions and make findings that the variance:

a. Will not result in increased flood heights, additional threats to public

safety, or extraordinary public expense;

b. Will not result in increased flood levels during the base flood discharge,

if the requested variance is in a regulatory floodway; and

Article 7. Special District-Wide Regulations

Page 7 - 12

c. Is the minimum necessary, considering the flood hazard, to afford relief.

These findings shall be in addition to those required of the ZBA pursuant to Article 14.

3. In granting a variance, the ZBA shall notify the applicant in writing that construction

below the base flood level will result in the following:

a. Increased premium rates for flood insurance; and

b. Increased risk to life and property.

4. The City shall maintain a record of all variance actions, including the justification for

their issuance, and report such variances issued in its annual or biennial report submitted

to FEMA’s Federal Insurance Administrator.

7.04 Residential-Professional Office (R-PO) District

A. Establishment of the R-PO District

The R-PO District is established in accordance with, and for the purposes so stated in Section

4.01, Establishment and Purpose of Districts, of this Ordinance, and encompasses lands as

indicated in Section 4.02, Official Zoning Maps, of this Ordinance. The R-PO overlays a base

district and adds to the allowable uses in that base district.

B. Uses Allowed in the R-PO District

Within the R-PO District, uses, as identified in Section 5.08, Table of Use Regulations,

Subsection H-1 and H-2(1) of this Ordinance are allowed in addition to the uses allowed in the

base district. These uses shall be permitted only in existing residential structures constructed

prior to January 5, 1965, and the gross floor area of these structures shall not be increased more

than five (5%) over that which existed as of the date of adoption of this Ordinance.

7.05 Historic Districts

A. Authority for Historic Districts

The Historic Districts, including the Amoskeag Millyard Historic (AMH) District and the

Amoskeag Corporation Housing Historic (ACH) District, are adopted pursuant to Section 1.03,

Authority, of this Ordinance, and in accordance with the provisions of RSA 674:46, Authority

Granted (for Historic Districts). Pursuant to RSA 674:44b, Powers (of Heritage Commissions),

within the Historic Districts the Heritage Commission is authorized to assume the powers and

duties granted to historic districts commissions in accordance with RSA 674:46a, Powers and

Duties of the Historic District Commission.

Article 7. Special District-Wide Regulations

Page 7 - 13

B. Establishment of the Historic Districts

The Historic Districts are established in accordance with, and for the purposes so stated in

Section 4.01, Establishment and Purpose of Districts, of this Ordinance, and encompass lands as

indicated in Section 4.02, Official Zoning Maps, of this Ordinance.

C. Permit Requirements in Historic Districts (Rev. 4/21/09, 10/15/13)

1. Except as provided in Section 7.05 C.3, within the Amoskeag Corporation Housing

Historic (ACH) District it shall be unlawful for to construct, alter, move, demolish,

change the use, or modify the appearance or design of any building, structure, or place

without applying for and receiving from the Director of Planning and Community

Development Department a permit for such activity. Activities which require permits

include, but are not limited to, changing the materials, color, finish, or architectural detail

of exterior walls; replacement or modification of window or door openings; installation

or removal of porches or fire escapes; roofing or chimney modification or replacement;

the installation of antennae or other appurtenances on the building exterior; regrading;

paving or repaving; installation or removal of fences, retaining walls, signing, or on-site

lighting; or similar activities for which a building or zoning permit might not otherwise

be required.

2. Except as provided in Section 7.05 C.3, within the Amoskeag Millyard Historic

(AMH) District it shall be unlawful to carry out major exterior rehabilitation or

restoration of existing buildings, changes to exterior signage or additions, or new free

standing structures, or to demolish a building or structure or any external portion thereof,

without applying for and receiving from the Director of Planning and Community

Development Department a permit for such activity.

3. A permit is not required for ordinary maintenance or repair activities which do not

involve changes in design, materials, or external appearance. Such activities include but

are not limited to roof repair, incidental painting, repointing, groundskeeping, or other

similar activities.

D. Review of Permit Applications by the Heritage Commission (Rev. 4/21/09)

All permit applications required under Section 7.05 C shall be submitted by the Director of

Planning and Community Development Department to the Heritage Commission for its

consideration. A permit may be issued only following approval of an application by the Heritage

Commission and the transmittal of a Certificate of Approval to the Director of Planning and

Community Development Department. In the event of disapproval of a permit application by the

Heritage Commission, a notice of disapproval shall be forwarded to the Director of Planning and

Community Development Department.

Article 7. Special District-Wide Regulations

Page 7 - 14

E. Standards for Review of Permits by the Heritage Commission (Rev. 10/15/13)

1. In reviewing a permit application within the Amoskeag Corporation Housing

Historic District, the Heritage Commission shall take into account the purposes of

the District, and give consideration to the following:

a. The historical and/or architectural value of the building or structure and

its setting;

b. The general compatibility of the proposed exterior modifications

including design, scale, arrangement, textures, colors, and materials in

relationship to the existing building or structure and its setting, and to the

District;

c. The general size and scale of proposed new construction in relationship

to the existing surroundings, including such factors as the building height

and mass, orientation to adjacent streets, type of roof, fenestration,

materials, colors, and architectural details; and

d. The design, scale, arrangement, textures, colors, and material of site

features and improvements including yards, parking lots, driveways,

walkways, signs, and landscaping as they affect the setting for a building

or structure and the character of the District.

2. In reviewing a non-demolition permit application in the Amoskeag

Millyard Historic District, the Heritage Commission shall take into account

the purposes of the District, and find that the proposed action:

a. Shall not cause unnecessary destruction or blight of important natural

or man-made features of the landscape, nor the unnecessary

obstruction of views of the Merrimack River.

b. Shall be reasonably harmonious with the terrain, open space, and the

design, materials, and scale of existing buildings;

c. Shall provide for safe and convenient pedestrian circulation and

support appropriate supportive amenities; and

d. Shall incorporate signs of a scale, design, and type that are consistent

with the architectural and design guidelines of studies and reports

commissioned by the City.

3. In reviewing a demolition permit application within the Amoskeag

Historic District, the Heritage Commission shall take into account the

purposes of the District. The Commission shall consider selective demolition

of portions of the buildings if such demolition does not disrupt the integrity of

Article 7. Special District-Wide Regulations

Page 7 - 15

the overall structure. The Commission shall give consideration to the

following as reasonable grounds for approving the demolition of an entire

structure:

a. If the structure is structurally unsound or unsafe as determined by the

Planning and Community Development Department Director;

b. If the structure is not a contributing element to the qualities that make

the AMH District a unique resource; or

c. If there is no foreseeable or reasonable economic use for the structure

and the loss of the structure and the loss of the structure would not

adversely affect the overall continuity or eliminate landmark elements

in the AMH District.

F. Certificate of Approval Period of Validity

If a permit, for which a Certificate of Approval has been issued, has not been exercised within

one (1) year from the date of the decision, then the Certificate shall be deemed to have expired.

G. Uses Allowed in the ACH District

Within the ACH District, uses, as identified in Section 5.08, Table of Use Regulations,

Subsections G-1, H-1(1), H-1(2), H-3(1), H-3(2), H-3(4), H-6(2) of this Ordinance are allowed

in addition to the uses allowed in the base district. These uses shall be permitted only in existing

structures constructed prior to the effective date of this amendment, and the gross floor area of

these structures shall not be increased more than ten (10) percent over that which existed as of

the date of adoption of this Ordinance.

7.06 Airport Navigational Hazard Overlay

A. Performance standard. Notwithstanding any other provisions of this Ordinance, no use may

be made of the land within 100,000 feet of the Manchester Airport control tower in such manner

as to create electrical interference with radio aids or communications between the airport and the

aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare

in the eyes of pilots using the airport, impair visibility in the vicinity of the airport by the

creation and discharge of smoke, steam, dust or other obstructions to visibility or otherwise

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

B. Marking of hazards. Any development approval granted within the City of Manchester, may

if such action is deemed advisable to effectuate the purposes of this Ordinance and reasonable in

the circumstances, be so conditioned as to require the owner of the structure in question to

install, operate and maintain thereon such markers and lights as may be necessary to indicate to

pilots the presence of an airport hazard.

Article 7. Special District-Wide Regulations

Page 7 - 16

7.07 Airport Approach Overlay District

A. Height limitations. No structure or tree shall be erected, altered or allowed to grow within

the Airport Approach District to a height which would exceed the plane of the imaginary surface

created by such district. The height limitations shall in no case be imposed to limit the height of

a structure or tree to less than thirty (30) feet above the ground upon which it is located.

B. Determination of compliance and conditions. The Director of Planning and Community

Development Department shall make such determination in consultation with the Director of the

Manchester Airport as required. In the case of an application for a use which lies within the

Airport Approach District (See Map) or which are believed to lie within such district, the

Director of Planning and Community Development Department shall request of the

Airport Director: (1) a determination of the maximum height of the imaginary surface plane of

the Airport Approach District at the proposed location of the use, and (2) specific

recommendation for additional navigational safety measures that should be required of the use to

mitigate any special approach hazards created by such use. The Director of Planning and

Community Development Department may attach such reasonable conditions as are necessary or

prudent to protect navigation safety on the lands within the Airport Approach District. (Rev.

4/21/09)

C. Permits. No permit shall be granted that would allow the establishment or creation of an

airport hazard or permit a non-conforming use, structure or tree to be made or become higher, or

become a greater hazard to air navigation, than it was on the effective date of this Ordinance or

than it is when the application for a permit is made.

D. Non-conforming uses. The height limitations required by this section shall not be construed

to require the removal, lowering, or other change or alteration of any structure or tree not

conforming to the regulations as of the effective date hereof, or otherwise interfere with the

continuance of any non-conforming use. Nothing herein contained shall require any change in

the construction, alteration, or intended use of any structure and the construction or alteration, of

which was begun prior to the effective date of this Ordinance, and diligently prosecuted and

completed within two years thereof.

7.08 Airport Noise Overlay District

A. Objective and purpose. The increasing aircraft activity that is occurring at the Manchester

Airport has created the need for a noise overlay district located within the 65 Ldn (Day-Night

Sound Level) contour in accordance with the most recently adopted Part 150 Noise

Compatibility Plan prepared by the Manchester Airport Authority. To avoid land use conflicts

with uses which may be incompatible with noise levels generated at the Manchester Airport, the

regulations of the Noise Overlay District provide for the exclusion of certain land uses, and for

soundproofing to be required in the construction of other uses which may be compatible if

mitigating action is taken to reduce noise interference with the use.

Article 7. Special District-Wide Regulations

Page 7 - 17

B. Noise Compatibility Zones Established. Noise compatibility zones for the affected areas in

the vicinity of the Manchester Airport are hereby established based on the Ldn contours for

aircraft noise as defined by the most recently approved Federal Aviation Regulation Part 150

Noise Compatibility Program for the Manchester Airport. The following noise compatibility

zones are hereby established:

1. The N-1 zone generally corresponds to the area between the 65 Ldn and the 70

Ldn contours.

2. The N-2 zone generally corresponds to the area within the 70 Ldn contour.

C. Noise Overlay Zone Boundaries. A generalized map of the approximate location of these

zones is illustrated in the Noise Exposure Map. The boundaries of the Noise Overlay Zones are

shown in the Part 150 Manchester Airport Noise Compatibility Program. Because of the

averaging inherent in making Ldn calculations and the assumptions necessary in the forecasting

procedure, the Ldn contour lines are not capable of being precisely defined in the field.

Therefore, the boundaries between the noise overlay zones, while bearing a very close

relationship to the Ldn contour lines, have been adjusted to facilitate understanding and

agreement as to the location of the boundaries.

D. Uses Prohibited and Uses Subject to Soundproofing . Land uses prohibited in the noise

overlay zones shall be as specified in the Table of Land Use Compatibility Standards.

Soundproofing shall be required for certain land uses in each of the noise overlay zones as shown

in the Table of Land Use Compatibility Standards. Where soundproofing is required, no

building permits shall be issued until the applicant has demonstrated that the building design is

capable of achieving the Noise Level Reduction required in the Table of Land Use Compatibility

Standards.

E. Determination of Compliance. Compliance with soundproofing standards can be met by

incorporating specific building design and construction standards, or through other design

standards which achieve noise attenuation at the levels specified in the Table of Land Use

Compatibility Standards. The applicant may use design features other than those prescribed in

Paragraph F of this section, provided that the final design is capable of achieving the Noise

Reduction required in the Table of Land Use Compatibility Standards.

F. Soundproofing Design Standards

1. Noise Level Reduction (NLR) of 25 Decibels (dB)

a. If wood frame construction is used, all exterior stud walls shall have interior

and exterior surfaces of an approved material at least as massive as half-inch thick

gypsum wallboard, and the intervening space shall contain fibrous thermal

insulation at least three inches thick.

Article 7. Special District-Wide Regulations

Page 7 - 18

b. The design for a habitable room shall be such that any exterior door or window

can be kept closed when the room is in use. Means of ventilation shall be

available to afford a minimum of two complete air changes per hour.

c. Any air duct or connection to out-of-doors shall contain an exterior sound

absorbing lining acoustically equivalent at least to fiberglass duct liner one inch

thick and length greater than five times the diameter of the duct.

d. The ceiling below an attic space shall include gypsum board or plaster at least

one-half inch thick; fibrous thermal insulation at least three inches thick shall be

laid between the ceiling joists.

e. The forced air circulation system shall be provided that will give a minimum of

two complete air changes per hour, of which at least one-fifth is fresh air.

f. A ceiling or exhaust duct shall be provided with a bend in the duct such that

there is no direct line of sight through the duct from outside to inside. The bend

shall be lined with the equivalent of fiberglass duct liner one inch thick.

g. There shall be no direct openings, such as mail slots, from the interior to the

exterior of the building. All chimneys shall be provided with well-fitting

dampers.

h. Exterior hinged doors shall be solid-core construction. Jalousie windows shall

not be permitted. The total area of glass windows and of any exterior door to a

sleeping space shall not exceed 20 percent of the floor area of a room.

i. Workmanship on doors and openable windows shall be such that the doors and

windows are as close fitting as possible or weather stripping seals shall be

incorporated on all edges to eliminate gaps. Air gaps and rattling shall be

prevented.

j. Masonry walls, if used, shall be at least equivalent in weight to six-inch light-

weight concrete blocks, at least one surface of which is painted or plastered.

k. The roof deck shall weigh at least seven pounds per square foot, containing a

solid core at least one and one-half inches thick.

2. Noise Level Reduction (NLR) of 30 Decibels (dB)

1. Window glass shall be set in an elastomer gasket. Double glazing shall be

installed, with an air space of at least three inches between the two panes of glass.

Windows of dome skylights shall be permitted as long as they have a sound

transmission class (STC) of at least 30.

Article 7. Special District-Wide Regulations

Page 7 - 19

2. The top-floor ceiling construction shall consist of plaster or gypsum board at

least 5/8-inch thick supported on resilient clips or channels. A non-hardening

caulking compound shall be provided around the entire perimeter of the

suspended ceiling.

3. The floor of the lowest room or area containing the uses of which those

insulation requirements apply shall be a concrete slab, or shall be similarly sealed

otherwise against exterior noise.

4. Masonry walls, if used, shall be at least equivalent in weight to eight-inch

light-weight concrete blocks, at least one surface of which shall be painted or

plastered.

5. The roof deck shall weigh at least twelve pounds per square foot. Wood roof

sheathing shall be continuous and at least 3/4-inch thick.

Article 7. Special District-Wide Regulations

Page 7 - 20

TABLE OF LAND USE COMPATIBILITY AND SOUNDPROOFING STANDARDS

PRINCIPAL USES

Noise Overlay Zones

N-1

65-70 Ldn

N-2

70-75 Ldn

RESIDENTIAL

Dwellings except manufactured housing

25 (1)

30 (1)

Manufactured housing

---

Boarding or rooming house

25 (1)

30 (1)

AGRICULTURAL

Agriculture and forestry except livestock

Stables and equestrian centers

---

Commercial kennel

---

Veterinary hospital

---

CONSTRUCTION & EXCAVATION

Excavation of Earth Materials

Building Contractor Yards

MANUFACTURING

Professional, scientific and controlling instrument; photographic and

optical goods; watch and clock manufacturing

All other manufacturing, fabrication, and assembly industries

P (2)

TRANSPORTATION COMMUNICATION & UTILITIES

All wholesale trade, transportation, communications, and utilities

related uses

P (2)

RETAIL TRADE (except automotive and restaurant uses)

Building construction materials, hardware and farm equipment

P (2)

All other retail uses

RESTAURANTS, EATING AND DRINKING PLACES

All establishments

SERVICES (NON- AUTOMOTIVE)

H-1

FINANCIAL AND PROFESSIONAL SERVICES

Banking, financial, real estate, and insurance offices

Other business and professional offices

H-2

MEDICAL SERVICES

Medical offices and related services

---

Hospitals

---

Nursing homes

---

H-3

SERVICES-LODGING AND MEETING FACILITIES

Hotels and motels

P (2)

P (3)

Conference, trade or convention center

P (2)

P (3)

H-4

SERVICES- PERFORMING ARTS, ENTERTAINMENT &

AMUSEMENT

Theaters, cinemas, concert halls

---

Amusement arcade, dance hall

Dance or music studios and schools

---

Bowling centers, billiard halls

Article 7. Special District-Wide Regulations

Page 7 - 21

TABLE OF LAND USE COMPATIBILITY AND SOUNDPROOFING STANDARDS

PRINCIPAL USES

Noise Overlay Zones

N-1

65-70 Ldn

N-2

70-75 Ldn

H-5

SERVICES- RECREATION AND SPORTS FACILITIES

Municipally owned indoor or outdoor community center, recreation or

sports facility

P (4)

Privately owned competitive sports facility with spectator seating

P (4)

Privately owned indoor health & fitness center, pool, gym or

membership recreation center

---

Privately owned outdoor recreation facility, golf course, or

membership sports club

Campgrounds and youth camps

H-6

SERVICES - PERSONAL, BUSINESS & REPAIR

Personal services categories

Business service categories

Funeral parlors and crematories

P (2)

MOTOR VEHICLE SALES, RENTAL AND RELATED

SERVICES

Automotive sales

Automotive repair, service & related uses

P (2)

Gasoline service stations

Automobile parking

P (2)

GOVERNMENT AND INSTITUTIONAL (NON-

MEDICAL)

Educational services

---

Cultural facilities, such as museums and libraries

Government services

Child day care facilities

Adult day care facilities

---

Membership and social organizations & clubs

Churches

---

Monasteries and convents

25 (1)

30 (1)

Cemeteries

P (2)

KEY:

• "P" means land use and related structures are compatible and permitted without soundproofing.

• "---" means land uses and related structures are not compatible and are prohibited

• "25" or "30" means land use and related structures are generally compatible; but measures to achieve noise level

reduction of 25 or 30 dB must be incorporated into design and construction of structure.

• See also specifications under footnotes 1, 2, 3, 4 for additional requirements for the use where indicated by the table

This table is based on an interpretation of the Land Use Guidance Chart for the Manchester Airport contained within the FAR

Part 150 Update Noise Compatibility Program (Draft) prepared by Greiner, Inc. September 1996. These standards have been

interpreted from that source and applied to the land use

classification system of this Ordinance.

Article 7. Special District-Wide Regulations

Page 7 - 22

Footnotes to Table of Land Use Compatibility Standards - Supplementary Requirements for Uses

(where so noted in Table):

(1) All residences in the N-1 Zone are marginally noise compatible and shall be

soundproofed to achieve a 25 dB reduction from outdoor noise levels (NLR). All

residences in the N-2 Zone are marginally noise compatible and shall be soundproofed to

achieve a 30 dB NLR. Soundproofing will not eliminate outdoor noise problems.

However, building location and site planning, design, and use of berms and barriers can

help mitigate outdoor noise exposure particularly from ground level sources. Measures

that reduce noise at a site should be used wherever practical in preference to measures

which only protect interior spaces. Manufactured housing is not compatible within any

of the three zones.

(2) Measures to achieve NLR of 25 shall be incorporated into the design and construction

of portions of these buildings where the public is received, office areas, noise sensitive

areas or where the normal noise level is low.

(3) Measures to achieve NLR of 30 shall be incorporated into the design and the

construction of portions of these buildings where the public is received, office areas,

noise sensitive areas or where the normal noise level is low.

(4) Land use (outdoor) is compatible provided special sound amplification system is

installed.

Article 7. Special District-Wide Regulations

Page 7 - 23

OVERLAY DISTRICT REFERENCE MAPS

Article 7. Special District-Wide Regulations

Page 7 - 24

Article 7. Special District-Wide Regulations

Page 7 - 25

Article 7. Special District-Wide Regulations

Page 7 - 26

7.09 Arena Overlay District (Rev. 6/9/03)

A. Special Uses Allowed in the Arena District

Within the Arena Overlay District, the following uses shall be permitted as follows, not

withstanding the allowed uses in the underlying zoning district in Section 5.08, Table of Use

Regulations.

A.2 Single Family attached (townhouse) dwellings CU

A.6 Multi-family dwellings P

A.9 Boarding or Rooming House CU

D.4 Wholesale bakery or food processing plant CU

D.7 Small scale assembly, fabrication and craftsmen P

D.8 Artisans Lofts P

E.2 Limousine or taxi service (garage) Not permitted

E.8 Telecommunications Antennas (on existing structures) CU

E.10 Telephone, telecommunication & cable service

Operations and maintenance facilities CU

F.2 Furniture and major appliance stores CU

F.4 Convenience retail uses CU

H-2.4 Medical and dental laboratories P

H-3.2 Bed & Breakfast P

H-4.8 Mini-golf CU

H-6.11 Business equipment repair and maintenance Not permitted

I.5 Automotive service station Not permitted

I.6 Car washes and car care centers including muffler

Shops, oil change, auto detailing and similar services Not permitted

B. Special Setback Requirements

Buildings shall be placed at the edge of the right-of-way where they abut a street. Setbacks may

be provided to allow for outdoor restaurant seating, pedestrian plazas and similar areas, subject

to approval by the Arena Overlay Design Review Committee but not including parking.

C. Special Sign Requirements

Signs shall be regulated in accordance with the provisions of Section 9.09.

D. Special Parking Requirements

Parking is limited in accordance with the provisions of Section 10.07.

Article 7. Special District-Wide Regulations

Page 7 - 27

E. Design Review

The Planning and Community Development Department shall be responsible for design review

of projects within the overlay. The types of permits to be reviewed, the process and time period

for action shall be the same as for the Millyard Design Review Committee under subsection 7.01

(D). The establishment of the design review district will enhance the character of the area and

promote tourism and economic development in the City.

The Planning and Community Development Department shall develop and adopt design

guidelines for the area. The design guidelines and the special design requirements shall include

but not be limited to the following requirements which are intended to preserve and enhance the

special character of the city by encouraging rehabilitation and new construction that is sensitive

to the existing urban form.

Special Design Requirements:

1. Building facades along sidewalks shall include doors and windows in order to

encourage pedestrian flows. No more than 20 feet of blank walls shall be allowed in

these areas.

2. Primary entrance shall be fronting the street sidewalk.

3. Buildings should be a minimum of 20 feet in height.

4. Window system should not exceed 25 feet in width without being interrupted by

another building material.

5. Vinyl siding products prohibited.

6. Pedestrian circulation throughout the district shall be improved as development or

redevelopment occurs, in accordance with general design principles and objectives of

safety, comfort, ease of movement, and convenience of access to properties.

7.10 Manchester Landfill Groundwater Management Zone (ML-GMZ)

A. Authority for the ML-GMZ Overlay (Rev. 11/28/06)

The Manchester Landfill Groundwater Management Zone is adopted pursuant to section 1.03,

Authority, of this Ordinance, and in accordance with the provisions of RSA 674:21, Innovative

Land Use Controls. Monitoring wells and surface water sampling stations constitute remediation

activities and ML-GMZ Overlay District is considered to be an innovative land use control as

environmental characteristics zoning.

B. Establishment of the ML-GMZ Overlay (Rev. 11/28/06)

The Manchester Landfill Groundwater Management Zone Overlay is established in accordance

with, and for the purposes so stated in Section 4.01, Establishment and Purpose of Districts, of

this Ordinance. It encompasses lands in NHDES Manchester Landfill Groundwater

Management Zone Permit as indicated on the Overlay Map Manchester Landfill Groundwater

Management Zone adopted pursuant to Section 4.02(A) Official Zoning Base District Map, of

this Ordinance.

Article 7. Special District-Wide Regulations

Page 7 - 28

The Manchester Landfill Groundwater Management Zone Overlay Map displays those parcels

affected by groundwater contamination by virtue of lying down gradient of the City landfill.

Withdrawal of groundwater from this area is prohibited (see Article 4.01B.9) in the interest of

public health, safety and general welfare. The area contains monitoring wells and surface water

sampling stations that survey the remediation of degraded groundwater supplies. The extent of

the area is referenced by NHDES Permit.

C. Uses Prohibited within the ML-GMZ Overlay (Rev. 11/28/06)

Pumping of groundwater for any well, trench, sump or other structure for residential, irrigation,

agricultural or industrial purpose is prohibited, unless it is for the specific purpose of pumping

groundwater out of a sump to keep a cellar from flooding. (Rev. 11/28/06)

7.11 Lake Massabesic Protection Overlay District (LMPOD) (Rev. 11/28/06)

A. Authority for the Lake Massabesic Protection Overlay District

The Lake Massabesic Protection Overlay District is adopted pursuant to Section 1.03, Authority,

of this Ordinance, and in accordance with the provisions of RSA 674:21, Innovative Land use

Controls.

B. Establishment of the Lake Massabesic Protection Overlay District

The Lake Massabesic Protection Overlay District includes the entire Lake Massabesic watershed

located in Manchester. This area is called out to avoid impacts that may affect the drinking water

supply over the long term, addressing such issues as stormwater contamination, imperviousness,

steep slope disturbance and other land use activities that could potentially be a nonpoint source

water quality issue or diminish surface water recharge. EPA Phase II Stormwater Regulation

criteria applies to all development creating disturbance to land in the Lake Massabesic Protection

Zone.

C. Prohibitions within the Lake Massabesic Protection Overlay District

1. Regardless of the underlying zone, the following land uses, as listed in Article 5.10 Table

of Principal Uses and Table 5.11 Table of Accessory Uses are deemed incompatible with

the intent of and prohibited in the Lake Massabesic Protection Overlay District:

Use No.

Use

Critical

E.1

Taxi, bus, rail terminal

I.1

Sales or rental of motor

vehicles

I.2

Sales, rental, repair of boats,

etc.

Article 7. Special District-Wide Regulations

Page 7 - 29

I.3

Sales, rental, repair of heavy

equipment

I.4

Automotive repair

I.5

Automotive service station

I.6

Carwashes and car care

centers

M.2

Accessory outside storage for

industrial or commercial use

M.3

Accessory manufacturing use

2. In addition, the following restrictions and/or prohibitions of land uses apply within 50

feet of waterways or wetlands in the Lake Massabesic Protection Overlay District: No

impervious surfaces (driveways, parking lots, roads, etc.). The exceptions from this

restriction include residential lots of 12,500 square feet or less and commercial/industrial

lots of less than one acre in the B-2 Zoning District.

D. Additional Restrictive Policies Pertaining to the Lake Massabesic Protection Overlay District

In addition to the restrictions listed in this LMPOD, the District is also subject to criteria and

guidelines contained in the following documents on file in the City:

• City Stormwater Ordinance (and any subsequent revisions) – Highway Dept.

• City Stormwater Rules and Regulations (and any subsequent revisions ) – Highway Dept.

• Subdivision and Site Plan Regulations (and any subsequent revisions ) – Planning and

Community Development Department.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 1

ARTICLE 8. SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

PRINCIPAL USES

8.01 Single family attached (townhouse) dwellings

The construction of single family attached (townhouse) dwellings, including the construction of

additional dwelling units in an existing development of single family attached dwellings and the

conversion of an existing non-residential structure to single family attached dwellings, shall be

subject to the following standards for minimum lot size and development density:

Zoning District

Minimum Lot Size for the

first three (3) Units

Minimum Additional Lot

Area for each Unit after the

first three (3) Units

(square feet)

RSM, C-1

10,000

3,500

R-3, CBD and B-1

(Rev. 2/3/04; 12/07)

5,000

1,500

8.02 Manufactured housing parks

A. Purpose. It is the purpose of these regulations to provide for reasonable opportunities for the

siting of manufactured housing consistent with RSA 674:32, to provide suitable and affordable

living environments in manufactured home parks, and to insure the compatibility of such parks

with other forms of adjacent development.

B. Minimum standards for park development. The following define the minimum standards for

the establishment of a manufactured housing park:

1. Land area. The minimum land area for the establishment of a manufactured housing

park shall be twenty (20) acres, with access to the tract to an accepted city street. The

expansion of an existing manufactured housing park having less than the minimum tract

area required by this section, may be authorized by a Conditional Use Permit, provided

that the development can conform with all other standards for park development in this

Section.

2. Density. The maximum density of a manufactured housing park shall not exceed five

(5) units per gross acre.

3. Minimum number of sites or spaces. The minimum number of spaces required to

comprise a manufactured housing park shall be thirty (30) sites or spaces, which shall be

completed and ready for occupancy before the first occupancy is permitted.

4. Height. The maximum height for all structures within a manufactured housing park

shall be twenty-five (25) feet.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 2

5. Buffers to surrounding property. A landscaped buffer not less than twenty-five (25)

feet in width may be required by the Planning Board along streets and park boundaries.

Such buffer may be used for drainage structures and utilities easements but shall not be

used for any other purpose. The buffer area shall be landscaped so as to provide effective

screening year round.

6. Recreation area and facilities. Not less than eight (8) percent of the gross land area of

the park shall be developed for recreational purposes. No manufactured home site,

required buffer strip, street right-of-way, storage area, utility site, or utility easement shall

be counted as recreation area in meeting this requirement. Recreation areas and facilities

shall be owned and maintained by the park owner, or by the community association or

owners association as the context requires.

C. Minimum standards for development of lots or spaces within park. The minimum standards

contained within Article 6, Dimensional Standards, as to minimum lot size, setbacks, yards, and

height shall not be applied within a manufactured housing park. The following standards shall

apply to the development of individual lots, sites or spaces for manufactured housing within a

park:

1. Minimum area. The lot, space or site designated for the placement of a manufactured

home site shall be a minimum of six thousand (6,000) square feet with a minimum width

of at least sixty (60) feet. Sites at street intersections may be required by the Planning

Board to have wider lots in order to provide adequate sight distance for safety at

intersections.

2. Minimum setbacks. No manufactured home, carport or other structure shall be placed

or erected closer to pavement line or internal roadway than fifteen (15) feet. No

manufactured home shall be placed or erected closer than five (5) feet to any side or rear

manufactured home site line, and not closer than fifty (50) feet to any park property line.

3. Maximum coverage. The total impervious coverage of a manufactured home site shall

not exceed forty (40) percent of the area of the site.

4. HUD code compliance. Individual manufactured housing units shall comply with the

construction and installation provisions of the National Manufactured Home Construction

and Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U. S.

Department of Housing and Urban Development) code, as well as all applicable city

codes and ordinances. No additions shall be permitted to manufactured homes that are

not in compliance with the HUD code.

5. Foundation system. Each manufactured housing unit shall be placed on a properly

engineered foundation system that meets the manufacturer’s installation requirements and

applicable city codes. A properly engineered foundation is one that provides adequate

support of the home’s vertical and horizontal loads and transfers these and other imposed

forces, without failure, from the home to the undisturbed ground below the frost line.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 3

6. Parking: The number of off-street parking spaces for each home shall be that which is

required by Article 10, Off Street Parking and Loading Standards for manufactured

housing units. The parking of recreational vehicles, boats and the likes shall not be

permitted within individual manufactured home sites. Such vehicles shall be parked in a

central storage area designed and designated for such purpose.

D. Accessory uses and buildings. The Planning Board may, approve such accessory uses and

structures that are determined to be accessory and clearly subordinate to the manufactured

housing park where such uses are to be located on the same lot or parcel as the manufactured

home park, and are not of a nature likely to attract visitors in larger numbers than would

normally be expected in a single family residential neighborhood. The following are considered

to be accessory uses:

1. Park recreation facilities including community room or center, courts for games,

playgrounds, docks, boat launching area and the like but excluding facilities for boat

repairs;

2. Park offices, maintenance facilities and laundry facilities;

3. Day care for tenants of park;

4. Recreational vehicle and boat storage areas;

5. Other uses determined by the Planning Board that provide services or convenience to

the residents of the park which are found to be compatible with a residential

development.

No accessory building housing such facilities shall be located closer than one hundred (100) feet

to any public street and shall be accessible only from the private streets within the park.

E. Internal private streets and circulation. All streets within a manufactured home park shall be

private owned and maintained, and adequately drained. Access shall be designed for safe and

convenient movement of traffic into and out of the park. The minimum pavement width for the

private streets within a park shall be:

1. Internal collector street: twenty-six (26) feet;

2. Divided roadway: twenty (20) feet for each direction of travel, with a landscaped

median not less than six (6) feet in width;

3. Internal minor streets: twenty-two (22) feet for two way traffic, or twenty (20) feet for

one way traffic.

F. Utilities. The minimum standards for the installation of utilities within a manufactured

housing park shall be:

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 4

1. Lighting. Street lighting shall be installed which may be overhead or low level; the

source of light shall not be visible beyond park boundaries and all light shall be reflected

onto the internal private streets or pedestrian ways.

2. Water and sewer. Each manufactured home site shall be connected to public water and

sewer systems, or to state-approved central community water supply and sewage disposal

systems. No individual water supply or sewage disposal system shall be permitted in a

manufactured home park.

3. Underground placement. All utilities distribution and collection systems, including

those for water, sewer, electricity, telephone, and gas shall be underground.

G. Limitation on signs. The following standards shall govern and limit the placement of all

signs within a manufactured housing park:

1. One (1) ground sign, which may have two faces, at each entrance of the manufactured

home park, to identify the park. Such sign shall contain only the name of the park and

address and shall not exceed eighteen (18) square feet in area per face.

2. One (1) wall sign per park accessory facility not to exceed twelve (12) square feet.

3. No sign shall be erected within twenty (20) feet of any adjacent property nor shall it

be illuminated.

8.03 Manufactured housing subdivisions

In order to provide reasonable opportunities for the placement of manufactured housing, in

compliance with RSA 674:32, within parks and subdivisions dedicated exclusively to the

placement of such homes, this section provides supplementary standards applicable to

subdivision to create lots reserved exclusively for the placement of manufactured homes to be

owned individually by their occupants. Where authorized by Article 5, Table of Principal Uses,

manufactured housing subdivisions may be established, provided that such developments comply

with all of the requirements normally pertaining to single family housing subdivisions in the

same zoning district, and subject to the following additional requirements:

A. Minimum tract area. The minimum tract area for a manufactured housing subdivision shall

be twenty (20) acres.

B. HUD code compliance. Individual manufactured housing units shall comply with the

construction and installation of manufactured housing units shall comply with the provisions of

the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec. 5401),

commonly known as the HUD (U. S. Department of Housing and Urban Development) code, as

well as all applicable city codes and ordinances. No additions shall be permitted to

manufactured homes that are not in compliance with the HUD code.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 5

C. Foundation system. Each manufactured housing unit shall be placed on a properly

engineered foundation system that meets the manufacturer’s installation requirements and

applicable city codes. A properly engineered foundation is one that provides adequate support of

the home’s vertical and horizontal loads and transfers these and other imposed forces, without

failure, from the home to the undisturbed ground below the frost line.

D. Restrictive covenants. Restrictive deed covenants acceptable to the Planning Board shall be

attached to the deeds of each lot in such a subdivision, the effect of which shall be to limit their

use to the placement of manufactured housing units meeting the standards of this section. This

requirement is intended to create a subdivision development of consistent structural types and

compatible development limited to manufactured homes.

8.04 Multifamily dwellings (Rev. 11/5/03, 2/3/04)

The construction of multifamily dwellings, including the construction of additional dwelling

units in an existing multifamily development and the conversion of an existing non-residential

structure to multifamily dwellings, shall be subject to the following standards for minimum lot

size and development density:

Zoning District

Minimum Lot Size for the

first three (3) Units

Minimum Additional Lot

Area for each Unit after the

first three (3) Units

(square feet)

RSM, C-1

10,000

3,500

R-3, B-1, RDV

(Rev. 11/5/03)

5,000

1,500

CBD

(Rev. 2/3/04)

3,000

500

AMX

1,000

* Pursuant to Article 6, Dimensional Regulations, of this Ordinance, the AMX District

has a minimum lot size of 25,000 square feet, so that up to twenty- five (25) units can be

accommodated on this minimum lot.

8.05 Multifamily dwelling units for the elderly

The construction of multifamily dwelling units for the elderly, including the construction of

additional dwelling units in an existing development of multifamily dwelling units for the

elderly, shall be subject to the following standards:

A. Minimum area of dwelling unit. Each dwelling unit shall contain a minimum of five hundred

(500) square feet of gross floor area, said floor area to be exclusive of common hallways and

facilities;

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 6

B. Minimum lot area. The following are the minimum standards for lot size and development

density:

Zoning District

Minimum Lot Size for the

first three (3) Units

Minimum Additional Lot

Area for each Unit after the

first three (3) Units

(square feet)

RSM, C-1

10,000

3,500

R-3, RDV

5,000

1,500

CBD

1,500

500

AMX

500

* Pursuant to Article 6, Dimensional Regulations, of this Ordinance, the AMX District

has a minimum lot size of 25,000 square feet, so that up to fifty (50) units can be

accommodated on this minimum lot.

C. Increased height and density by conditional use permit. A conditional use permit may be

issued pursuant to Article 12, Conditional Use Permits, of this Ordinance, to allow an increase in

the maximum building height to one hundred (100) feet and in the development density to eighty

(80) dwelling units per acre and a floor area ratio of 1 (one) for multifamily dwelling units for

the elderly in R-3 Districts, subject to the following: (Rev. 3/20/01)

1. The location is within the R-3 District and within an area between the

Merrimack River and Union Street, from Webster Street southerly to Auburn

Street, or an area between the Merrimack River and a line two hundred (200) feet

westerly of and parallel to Main Street, from the centerline of Black Brook to a

line five hundred (500) feet southerly of and parallel to Granite Street, or an area

from Bridge Street to Black Brook on the west side of the Merrimack River and

extending five hundred (500) feet parallel to the river;

2. The minimum lot size shall be twenty thousand (20,000) square feet; and

3. All yard requirements shall be twice the dimensions specified in Section 6.07,

Table of Dimensional Regulations, of this Ordinance.

8.06 Tattoo Parlors (Rev. 7/20/04)

A. Location Restrictions. Tattoo parlors shall be subject to all regulations, requirements and

restrictions for the zone in which the tattoo parlor is permitted and shall be subject to the

following distance requirements:

1. No tattoo parlor shall be permitted within 800 feet of another tattoo parlor, and no other

tattoo parlor shall be permitted within a building, premise, structure or any other facility

that contains another tattoo parlor.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 7

2. No tattoo parlor shall be permitted within 500 feet from the exterior wall of a residential

structure existing in a Residential zoning district (designated “R-”); or

3. “Civic” zoning district boundary line (designated “C-”).

B. Measure of Distance. The distancing requirements above shall be measured in a straight line,

without regard to intervening structures, from the property line of any site above (unless

otherwise specified) to the closest exterior wall of the tattoo parlor.

8.07 Forestry uses

Forestry uses may include growth and harvesting of forest products, tree nursery, tree farm,

orchards, and similar uses, provided that only products grown on the premises are sold.

8.08 Agriculture and livestock

A minimum of one acre shall be required to maintain one animal defined as livestock. For each

additional such animal, an additional one quarter acre shall be required.

8.09 Commercial kennel

The minimum lot size shall be 45,000 square feet, the kennel area shall be completely screened

with a suitable wall or fence, and shall be subject to the provisions of Section 6.08 A and B.

8.10 Excavation of earth materials

A. Authority. These regulations governing the excavation of earth materials are adopted in

accordance with the provisions of RSA 155-E, Local Regulation Excavations. Pursuant to RSA

155-E, the Planning Board is designated as “regulator” and is authorized to administer and grant

conditional use permits in accordance with Article 12, Conditional Use Permits, of this

Ordinance.

B. Purposes. These regulations are adopted for the following purposes:

1. To provide reasonable opportunities for the excavation of earth materials;

2. To minimize safety hazards which can be created by open excavations;

3. To ensure that the public health and welfare will be safeguarded;

4. To protect the City’s natural resources and environmental quality; and

5. To maintain the aesthetic features of the City.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 8

C. Excavation permit requirements. All excavations require the issuance of a conditional use

permit from the Planning Board except those excavations that are specifically exempted from

permit requirements pursuant to RSA 155-E. Any permit granted by the Planning Board

pursuant to this Section shall be valid for a period not to exceed three (3) years, and shall not be

assignable or transferable without the approval of the Planning Board.

D. Prohibited excavations. No permit shall be granted where the Planning Board finds that the

excavation:

1. Would be unduly hazardous and/or injurious to the public welfare due to such

factors as noise, traffic, dust, fumes, or danger from operations;

2. Would substantially damage a known aquifer so identified by the United States

Geological Survey;

3. Cannot comply with the reclamation provisions of this Section and of RSA

155-E;

4. Cannot receive other necessary state or federal permits; or

5. Is otherwise prohibited by RSA 155-E.

E. Application for a conditional use permit for an excavation. An application for a conditional

use permit for an excavation shall be filed with the Planning Board pursuant to Section 12.02,

Application and Review Procedure, of this Ordinance. When the scope of an existing permitted

excavation is proposed to be altered so as to affect the size or location of the excavation, the rate

of removal of earth, or the plan for restoration, an application shall be submitted for amendment

of the existing excavation permit. An application for amendment shall be subject to the same

requirements and approval procedures as provided herein for a new excavation permit. In

addition to the requirements of Article 12, Conditional Use Permits, of this Ordinance, all

applications shall include the following:

1. An Excavation Plan, prepared by a Licensed Civil Engineer, including the

following information:

a. Existing and proposed topography at a contour interval of two (2) feet;

b. Existing wetlands and surface waters, and any aquifers that have been

identified by the United States Geological Survey;

c. Existing vegetation, and an indication of that which is to be

permanently retained for screening purposes;

d. The location and limits of existing and proposed excavation including

the maximum depth and slope during operation;

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 9

e. The location, width, and material of access roads;

f. The location, size, type, and use of any structures or areas of

impervious surfacing, and the location of any utilities, septic systems, or

wells within one hundred fifty (150) feet of the perimeter of the

excavation;

g. Proposed landscaping and/or fencing intended for screening purposes;

h. A log, soils data, and location plan of borings or test pits the depth of

which shall be to the average annual water table, to ledge, or to a

minimum of six (6) feet below the maximum depth of excavation;

i. A statement of the volume of material proposed to be removed, the

duration of the project, and proposed phasing of the same;

j. A description of sedimentation and erosion control measures;

k. A description of the hauling operations, including the routes to be

utilized, the type and weight of motor vehicles to be utilized, and the

frequency and schedule of the operation of said vehicles;

l. Copies of federal and/or state permits received for the proposed activity

in accordance with Section 404 of the Clean Water Act, and RSA 482-A;

and

m. Where applicable, proof of compliance with all other relevant state

and/or federal regulations.

2. A Reclamation Plan, prepared by a Licensed Engineer, including the following

information:

a. The proposed finished grades of the reclamation area;

b. Proposed final surface drainage features and improvements;

c. The location, number, type, and size of plant materials, and the areas to

be seeded together with the seeding mixture specifications and application

rates, and mulching materials; and

d. A description of sedimentation and erosion control measures.

3. The Planning Board may request any other information that it deems necessary

to make an informed decision on the application. The applicant shall bear any

and all expenses for providing such information.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 10

4. The Planning Board, in acting on an application for a conditional use permit for

an excavation, may attach conditions to its approval including but not limited to

requirements for more extensive buffers, additional plantings in areas to be

revegetated, and modifications to the hauling operations and schedule for the

same.

F. Operational standards for excavations. All excavations, including those not requiring a

permit, shall comply with the following minimum operational standards:

1. All property corners shall be staked and every property line shall be clearly

marked at one hundred (100) foot intervals to prevent encroachment of the

excavation operations on abutting property;

2. All loam and topsoil to be stripped from the excavation site shall be stockpiled

on the property to be replaced during reclamation;

3. No excavation shall be conducted within fifty (50) feet of a property line or

one hundred fifty (150) feet of an existing dwelling, and existing vegetation shall

be maintained within these setbacks;

4. No excavation shall exceed five (5) acres at any one time;

5. Where temporary slopes will exceed a 1:1 grade, a fence or barricade shall be

erected to warn of danger and to limit access to the site;

6. No equipment or vehicles shall be operated prior to 7:00 AM or after 7:00 p.m.

Monday through Saturday, or at any time on Sunday or holidays;

7. All vehicles transporting excavated material shall utilize dust covers and/or

sideboards to prevent any spillage and dust;

8. Spilled material shall be cleaned from all streets on hauling routes at the end of

each day;

9. No excavation shall be conducted within one hundred (100) feet of a surface

water body or watercourse, or a wetland;

10. No excavation shall exceed a depth of four (4) feet above the annual average

water table; and

11. No fuels, lubricants, or other toxic or polluting chemicals shall be stored on

site except in compliance with all applicable state statutes and regulations.

G. Reclamation standards for excavations. All excavations, including those not requiring a

permit, shall comply with the following minimum reclamation standards:

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 11

1. Reclamation must be initiated prior to the excavation of more than five (5)

acres of the site at any one time and shall be accomplished within the period of

validity of the permit;

2. All debris shall be removed and all stumps shall be chipped or removed from

the site, and disposed in accordance with applicable statutes and regulations. All

rocks are to be removed, buried, or used for landscaping in accordance with the

restoration plans.

3. No slope shall be left at a grade steeper than three (3) feet horizontally for each

one (1) foot of vertical change unless it can be demonstrated by the applicant that

a steeper slope can be adequately vegetated and stabilized. In no event shall any

slope be left at a slope steeper than two (2) feet horizontally for each one (1) foot

of vertical change.

4. Ground levels and grades shall be established as shown on the approved

reclamation plan as soon as practical during site excavation but not later than one

(1) year after excavation has been completed;

5. Stockpiled loam and topsoil shall be spread over the completed excavation

area to a minimum depth of four (4) inches to allow for the establishment of

vegetation.

6. The site shall be limed, fertilized, and seeded with a grass or grass-legume

mixture; and

7. Trees and shrubs shall be planted and mulched in accordance with the

approved reclamation plan.

H. Fees and performance guarantee.

1. Permit and Inspection Fees. The Planning Board may charge a Permit

Application Fee for each application, and an Inspection Fee to cover the

costs of inspections deemed necessary to verify compliance with a permit.

The Planning Board shall promulgate and adopt a fee schedule after a duly

noticed public hearing.

2. Performance Guarantee. A permit shall not become effective until the

applicant furnishes the City with a performance guarantee in a form

satisfactory to the City Attorney, and in an amount based on the cost of

restoration as estimated by the City Engineer. The guarantee shall have a

term of one (1) year in excess of the period of validity of the permit, and

shall remain in effect for the full term unless exercised by the City or

released in writing by the Director of Planning and Community

Development Department. (Rev. 4/21/09)

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 12

I. Inspections and enforcement.

1. Inspections. The Director of Planning and Community Development

Department shall have the right to enter upon the property for a period beginning

with the date of the granting of the permit and ending one (1) year after the

expiration of the permit to inspect the excavation and reclamation operations and

to ensure compliance with the terms and conditions of the permit. The Director of

Planning and Community Development may suspend operations found to be in

violation of a permit pending a hearing by the Planning Board concerning any

violation. (Rev. 4/21/09)

2. Compliance hearing. Upon recommendation of the Director of Planning and

Community Development Department, or the receipt of a valid complaint which

in the opinion of the Planning Board warrants investigation and a hearing, the

Planning Board may order a public hearing to review the conditions of, or the

extent of compliance with a permit. After a hearing, an excavation permit may be

modified or revoked by the Planning Board if the Board finds that the operation is

being carried on in violation of any of the terms and conditions of the permit. The

modification or revocation of a permit shall not relieve the applicant from any of

obligations under the permit. (Rev. 4/21/09)

J. Appeal of Decision of the Planning Board. Following the approval, disapproval,

modification of approval, or revocation of approval of an excavation permit, any interested

person may seek a rehearing or appeal the decision of the Planning Board in accordance with the

provisions of RSA 155-E.

K. Abandoned Excavations. Pursuant to RSA 155-E, the Planning Board may initiate

proceedings to secure the reclamation of an abandoned excavation.

8.11 Building contractor yards

Open or outside storage of new or used materials, building equipment, including bulk materials

such as coal, lumber, ore, inoperative automobiles, or other vehicles held for discard, or

reprocessing, including the dismantling and reprocessing thereof is allowed, provided it shall be

completely enclosed by means of a solid fence or wall not less than eight feet in height with the

exception of vehicle entrances and exits not to exceed 16 feet in width, and further subject to the

conditions imposed by section 8.14 of this Article.

8.12 Performance standards for high hazard uses.

No high hazard use (as defined by the Building Code) may be permitted within the City, except

where the land use board(s) having jurisdiction to review the proposed development containing

such use under this Ordinance, shall determine in each instance that all of the following are true:

A. Lot coverage. The impervious coverage of the lot shall not exceed 50 per cent.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 13

B. Separation from residential districts. The use shall not be located within 300 feet of any

residential district boundary.

C. Site and access characteristics. The proposed location shall be such as to offer a reasonable

protection to the immediate area against possible detrimental effects of such use, taking into

consideration the physical relationship to surrounding properties and access to the site including

any nearby residential streets that must be traversed in bringing material to the site.

D. Technical and scientific advance. It shall be convincingly demonstrated to the land use

board(s) of jurisdiction, by competent technical or scientific experts, that such high hazard use

can and shall make such use of advanced technical equipment and processes as shall no longer

justify prohibition of such use based on hazard.

E. Not in conflict with other laws. The use or operation shall not be in conflict with any other

law or ordinance of any governmental agency having pertinent jurisdiction, nor in conflict with

other provisions of this Ordinance.

8.13 Performance standards for manufacturing and industrial uses.

All resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke, vapor,

electromagnetic transmission, or radio-active emission, shall be completely and effectively

confined within the building, or so regulated as to prevent any nuisance or hazard to the public's

health or safety, and further provided, that no noise, vibration, or other disturbance be perceptible

without the use of instruments at the boundary of the zoning district in which the use is located.

8.14 Warehousing and distribution facilities

Within a business (B-1, B-2) zoning district, and within the AMX district, all goods must be

stored within a completely enclosed structure. Warehousing and distribution facilities in other

districts are not subject to this limitation.

8.15 Telecommunications towers and commercial radio and TV stations

No portion of a radio or television transmission tower shall be located less than a distance equal

to the height of the tower from the boundary line of a residential zoning district.

8.16 Essential public services, utilities and appurtenances

These uses shall be subject to the screening and buffer strip requirements of Article 6.08.

8.17 Automotive service stations, drive-through uses, and similar establishments

Automotive service stations, car washes, drive-thru restaurants, open car lots, and similar

drive-thru or open air uses, shall conform with the following requirements; in addition to the

other applicable provisions of this Ordinance:

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 14

A. Lot Area. The minimum lot area shall be 15,000 square feet, with a minimum street frontage

of not less than 100 feet.

B. Driveways. The maximum width of driveways shall be 36 feet, the minimum width shall be

10, and no driveway shall be closer than 20 feet to any corner lot line, 10 feet from any side lot

line and further subject to the provisions relating to the distance between driveways within a lot

in Article 10.08B.

C. Illumination. All illumination on outdoor buildings or areas shall be effectively shielded or

arranged so as to direct the light away from the street and away from adjoining premises used for

residential purposes.

8.18 Selected health care, educational and institutional uses

A. Noise, Odors, Glare and Traffic impacts on residences. All noise, odors, glare, traffic or any

objectionable features usually associated with the conduct of the use shall be effectively

screened, controlled, or otherwise so confined within the premises so as not to create any

conditions which could be considered hazardous, or disturbing to the health, safety, or welfare of

the population within affected residential neighborhoods.

B. Special setback distances to boundaries and dwellings. Each principal structure on the

premises, or any portion of the premises used for outdoor recreation, parking of automobiles, or

similar uses in support of the principal uses thereon shall be located not less than fifty (50) feet

from any dwelling, nor less than fifty (50) feet from the boundaries of the premises on which the

use is located, whichever is greater.

8.19 Sexually Oriented Businesses

A. Purpose and Intent. It is the intent of this section to establish reasonable and uniform

regulations to prevent the concentration of sexually oriented businesses within the City of

Manchester; and, it is the intent to promote the health, safety and general welfare of the citizens

of the City of Manchester, and it is the intent of this section that the regulations be utilized to

prevent problems of blight and deterioration which accompany and are brought about by the

concentration of sexually oriented businesses; and, the provisions of this section have neither the

purpose nor the effect of imposing limitation or restriction on the content of any communicative

materials, including sexually oriented materials; and, it is not the intent nor effect of this article

to restrict or deny access by adults to sexually oriented materials protected by the First

Amendment, or to deny access by the distributors and exhibitors of sexually oriented

entertainment to their intended market; and, neither is it the intent nor effect of this article to

condone or legitimize the distribution of obscene material.

B. Location Restrictions on Sexually Oriented Businesses. Sexually Oriented Businesses, as

defined in Article 3 shall be subject to all regulations, requirements, and restrictions for the zone

in which the sexually oriented business are permitted and shall be subject to the following

distancing requirements:

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 15

1. No sexually oriented business shall be permitted within 600 feet of another sexually

oriented business which is either existing at the time of the effective date of this

ordinance or one for which a building permit has been applied for, and no sexually

oriented business shall be permitted within a building, premise, structure or other facility

that contains another sexually oriented business;

2. No sexually oriented business shall be permitted within 500 feet of any:

a. Residential or Civic zoning district boundary line;

b. Church, public or private school, kindergarten, or recreational facility where

minors may congregate such as, but not limited to, the YMCA, YWCA and the

Boys and Girls Club;

c. City boundary line;

3. No sexually oriented business shall be permitted within 250 feet of:

a. City Hall and the City Library;

b. any public park

C. Measure of Distance. The distancing requirements above shall be measured in a straight line,

without regard to intervening structures, from the property line of any site above (unless

otherwise specified) to the closest exterior wall of the sexually oriented business.

8.20 Correctional Institution (Rev. 5/1/12)

A. Purpose and Intent. It is the intent of this section to establish reasonable and uniform

regulations to prevent the concentration of correctional institutions within the City of

Manchester, in order to maintain and promote the health, safety and general welfare of the

citizens of the City of Manchester.

B. Minimum Lot Size Requirements. The minimum lot size for the establishment of a

correctional institution shall be five (5) acres.

C. Minimum Setback Requirements. All correctional facility structures shall be setback from

all property lines a minimum of fifty (50) feet.

D. Location Restrictions on a Correctional Institution. No correctional institution shall be

located within 1,500 feet of any:

1. Residential or Civic zoning district boundary line;

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 16

2. Church, public or private school, kindergarten, state licensed daycare facility or

recreational facility where minors may congregate such as, but not limited to, the

YMCA, YWCA and the Boys and Girls Club;

3. City Hall or City Library; or

4. Public park.

E. Measurement of Distance. The distancing requirements above shall be measured in a

straight line, without regard to intervening structures, from the property line of any site

above.

F. Performance Standards. The design, construction and operations of a correctional

institution shall be supported by expert study as to every aspect of the facility. The

implementation and conclusions of those studies shall be subject to the review of the

Planning Board in its consideration of a Conditional Use Permit request or Site Plan

approval. Conditions of approval shall include criteria such as, but not limited to, fencing

or other barriers, cameras, lighting, guards, use of guard dogs, sirens and direct alarms

connected with the Police Department, and all other operational protocols that may be

appropriate to the use. The applicant shall develop an emergency management plan to be

implemented in the event of a catastrophic event resulting from flooding, fire, wind, snow,

ice, earthquake, utility outage or other similar events. Said plan shall be reviewed and

approved by the Emergency Management Director, as well as by the Police and Fire

Departments. It shall also be compatible with, and made part of, the City of Manchester

Emergency Operations Plan.

8.21 Halfway House (Rev. 5/1/12)

A. Purpose and Intent. It is the intent of this section to establish reasonable and uniform

regulations to prevent the concentration of halfway houses within the City of Manchester, in

order to maintain and promote the health, safety and general welfare of the citizens of the

City of Manchester.

B. Density of Use. The number of sleeping rooms shall be limited to the number of dwelling

units otherwise permitted in the district; in no case to exceed 16 in any one facility.

C. Location Restrictions on Halfway House. No Halfway House shall be located within 500

feet of any;

1. Residential or Civic zoning district boundary line;

2. Church, public or private school, kindergarten, state licensed daycare facility or

recreational facility where minors may congregate such as, but not limited to, the

YMCA, YWCA and the Boys and Girls Club;

3. City Hall or City Library;

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 17

4. Public park; or

5. Other halfway house.

D. Measurement of Distance. The distancing requirements above shall be measured in a straight

line, without regard to intervening structures, from the property line of any site above.

8.22 Reserved. (Rev. 5/1/12)

8.23 Reserved. (Rev. 5/1/12)

8.24 Reserved. (Rev. 5/1/12)

ACCESSORY USES

8.25 Home Occupations

A. Purpose. The purpose of establishing conditions and limitations on home occupations is to

recognize the increasing role of electronics and telecommunications in enabling individuals to

work from their homes, and the growing use of computer and related equipment in the home

which may have both personal and business applications. These regulations recognize that

certain types of home-based businesses may be carried on without an adverse impact on the

residential property or the neighborhood, but that limitations are necessary to preclude uses of a

scale or type which may be incompatible in a residential context.

B. Home Occupation. The purpose of establishing conditions for home occupations is to

provide for small scale business uses of the home which are subordinate to the principal use of

the property as a residence, and that are virtually indistinguishable in appearance and level of

traffic generation from other residences in a neighborhood. No home occupation shall be

permitted which would be incompatible with traditional residential uses in the surrounding

neighborhood. To be considered compatible with a residential neighborhood, a home

occupation must meet all of the following conditions:

1. No goods, stock in trade, or other commodities may be visible from outside the

building;

2. There are no on-premise retail sales of goods or merchandise from inventory held on

the premises, with the exception of sales made via mail order or via

telecommunication;

3. The home occupation shall not employ persons who are not residents on the premises;

4. The use shall not create objectionable traffic, noise, fumes, odor, dust, vibration, heat,

glare, or electrical interference;

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 18

5. Uses related to teaching and instruction to pupils shall be limited to those which

accommodate not more than four pupils at one time, or in the case of music

instructions involving the use of musical instruments, not more than one pupil at a

time.

6. The use shall be confined to a space within a dwelling unit, and not more than 25% of

the habitable floor area of the dwelling unit may be utilized by the occupation;

7. There shall be no external evidence of the occupation which differentiates the

residence in appearance from other residential properties similarly situated;

8. Off-street parking shall be provided as specified in Article 10;

9. The use is not one of the following, which are expressly prohibited as home

occupations:

a. Barber and beauty shops;

b. Real estate or insurance offices;

c. Commercial kennels or stables and similar uses;

d. Uses involving the parking or storage of tractor trailers, or the parking or

storage of trucks with a gross vehicle weight (GVW) greater than 10,000 lbs.;

e. Auto or small engine repair or maintenance, welding, or other uses which

involve the visible storage on the property of automobiles or the parts thereof.

8.26 Accessory Dwelling Unit (Rev. 10/06/20, 06/06/23)

Accessory dwelling units (ADUs) are intended to provide more diverse, affordable housing

opportunities to the community without the need for additional infrastructure or further land

development. Since ADUs are accessory to single-family dwellings in residential zoning

districts, it is essential to maintain the appearance, aesthetic continuity and character of such

dwellings. Therefore, ADUs shall be subject to the following conditions and limitations to

occupancy.

A. Quantity. ADUs shall only be permitted as accessories to single-family dwellings. Not more

than one ADU shall be permitted per single-family dwelling. An ADU may be located

within a single-family dwelling, attached to a single-family dwelling, within or above its

attached or detached garage, or as a standalone structure. Any ADU located within a garage

shall not displace those portions of the garage necessary to provide required off-street

parking for the use. (Rev. 10/06/20, 06/06/23)

B. Owner Occupied. Either the principal dwelling unit or the ADU must be owner occupied.

The owner must demonstrate that one of the units is the owner’s principal place of residence.

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 19

Both the principal dwelling unit and the ADU must remain in common ownership. Transfer

of either dwelling unit to condominium ownership is not permitted. Prior to the issuance of a

certificate of occupancy for an ADU, the property owner shall record a deed restriction or

similar document that mandates owner occupancy of the principal dwelling unit or ADU in

perpetuity. (Rev. 06/06/23)

C. Size. ADUs shall not exceed 900 square feet in gross floor area, and shall not exceed the

height of the principal structure. No more than two (2) bedrooms shall be permitted within an

ADU. (Rev. 06/06/23)

D. Location. ADUs shall not be located within front yards and shall be located a minimum of

ten (10) feet from both side and rear property lines. Detached ADUs shall be located a

minimum of five (5) feet from the principal structure. (Rev. 06/06/23)

E. Parking. One additional off-street parking space shall be provided for the ADU. (Rev.

06/06/23)

F. Adequate Utilities. Where municipal sewer service is not provided, the septic system shall

meet NH Water Supply and Pollution Control Division requirements for the combined

system demand for total occupancy of the premises. Where municipal utilities are available,

the ADUs shall be connected to the existing utilities within the subject parcel. (Rev.

06/06/23)

G. Design and Construction. No new entrance or exit to the ADU shall be constructed on the

street side of the primary residence. For all ADUs, exterior design and construction shall be

consistent with that of the primary residence. (Rev. 10/06/20, 06/06/23)

H. Internal Construction - Conditional Use Permit Not Required. ADUs located completely

within an existing principal structure or within existing detached structures, such as garages

or carriage houses, shall not require a conditional use permit. Minor exterior alterations of

existing structures, such as the addition of an external stairway, shall not require a

conditional use permit. (Rev. 06/06/23)

I. External Construction - Conditional Use Permit Required. As authorized by RSA 674:72, I,

a conditional use permit from the Planning Board, in accordance with Article 12, shall be

required to allow new construction of building additions or detached structures to be used as

ADUs. In addition to the criteria set forth in Article 12 for a conditional use permit, the

Planning Board must also find that the exterior of the ADU is architecturally consistent with

the single family dwelling based on the following criteria:

1. Color or color scheme;

2. Architectural style;

3. Materials and trim;

4. Proportion and style of windows, doors, and other elements; and

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 20

5. Massing of the accessory dwelling unit with respect to the single family dwelling.

(Rev. 06/06/23)

J. Impact Fees Required. The creation of a new dwelling unit requires the payment of impact

fees in accordance with Article 13. (Rev. 06/06/23)

8.27 Fences, Walls and Similar Barriers

In addition to any other applicable provisions in this Ordinance, fences, walls and similar barriers

shall conform to the following requirements:

A. Permits. No fence, wall or similar barrier shall be installed without first securing a permit;

B. Height. Fences, walls or similar barriers in residential districts shall be limited in height to

four (4) feet when located in the front yard, six (6) feet when located in the required side yard,

and (8) feet when located in the rear yard, except as provided below. Fences in all other districts

shall be limited to eight (8) feet, subject to the provisions below;

C. Fences on Walls. Any fence erected upon a wall that is above grade on one side only shall be

limited to four (4) feet in height, as measured from the top of the wall.

D. Retaining Walls. Retaining walls over four (4) feet in height shall not be located closer than

ten feet from the property lines.

E. Visual Clearance on Corner Lots. A fence, wall, hedge or similar barrier may be maintained

on a corner lot provided it does not obscure the vision of drivers and create a potential safety

hazard. No such obstruction shall be permitted within the triangular area formed by the

intersection of curb lines and a straight line joining said curb lines at points thirty (30) feet from

the point of intersection of said curb lines. In the absence of curbs, the lines shall be where such

curbs would be located.

8.28 Outside Storage of Vehicles, Equipment and Materials

Outside storage of vehicles, equipment and materials necessary to the operation and conduct of a

permitted principal industrial or commercial use shall be screened by means of a solid fence or

wall not less than eight (8) feet in height. Vehicle entrances and exits shall be gated with

materials that effectively maintain screening requirements. Said uses are further subject to the

provisions of Section 6.08 A and B.

8.29 Accessory Structures and Uses

A. Residential Accessory Structures and Uses. In residential districts, detached accessory

structures and uses, other than parking, shall conform to the following:

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 21

1. Accessory structures and uses shall not be located in the front yard.

2. Accessory structures and uses located in the side yard shall not exceed six hundred

(600) square feet in area and fifteen (15) feet in height measured to the highest point

of the roof structure. Accessory structures and uses located in the side yard shall

conform to the setback requirements for principal structures.

3. Accessory structures and uses located in the rear yard shall not occupy more than

twenty-five (25) percent of the rear yard area, and shall not exceed (20) feet in height

measured to the highest point of the roof structure. Accessory structures and uses

located in the rear yard shall not be located closer than four (4) feet from any

principal structure, side lot line or rear lot line.

B. Non-Residential Accessory Structures and Uses. In non-residential districts, detached

accessory structures and uses, other than parking, shall conform to the setback and height

requirements for principal structures. Accessory structures and uses are limited in size to

twenty-five (25) percent of the area occupied by the associated principal use.

8.30 The Keeping of Domesticated Chickens (09/14)

Purpose. It is the intent of this Section to allow for the keeping of domestic chicken hens in

residential areas for the sole use and enjoyment of the residents of the lot on which such animals

are kept. It is also the intent of this Section to protect and promote the health, safety, and welfare

of residents by not allowing chickens of a number and type that would otherwise constitute a

nuisance or menace to the public health and safety or cause disturbance of the peace in

neighborhoods.

Chickens kept as domesticated pets by the residents of a dwelling unit shall be maintained in

accordance with all applicable City of Manchester ordinances and regulations, New Hampshire

RSA 644:8 Cruelty to Animals, as well as the following provisions:

a. Locations Allowed. Domestic chickens are allowed as an accessory use on any lot

which is at least one half (1/2) acre in size, is located in the “R-S”, “R-1A”, “R-1B”, “R-

2”, “R-SM” and “R-3” zoning districts and which is utilized for residential purposes.

b. Number and Type of Chickens Allowed. Up to six (6) chicken hens of any breed may

be kept. Roosters are prohibited.

c. Limitations. The keeping of chickens shall be for personal use only, and the owner of

the property must be a resident of a dwelling unit on the lot where they are kept. No

person shall sell eggs or engage in chicken breeding, slaughtering or any commercial

activity related to the keeping of the hens.

d. Henhouses and Fenced Areas Required. All hens shall be kept within structures and

fenced areas and shall not be permitted to roam free nor to be kept or raised within a

Article 8. Supplementary Regulations for Specific Uses

Page 8 - 21

dwelling. Structures and fenced areas for hens must be located in side or rear yards and

must be set back a minimum of twenty (20) feet from property lines. Henhouses and

fenced areas must also meet the following standards:

(1.) Henhouses and fenced areas must, at all times, adequately contain the hens, provide

them with adequate ventilation, be kept in a neat and sanitary condition, and be

maintained in a manner that will not disturb the use or enjoyment of neighboring

lots due to noise, odor or other adverse impact. The henhouse must provide a

minimum of three (3) square feet per hen; and

(2.) Henhouses and fenced enclosures shall be no more than six (6) feet in height, be

enclosed on all sides, and shall provide adequate protection for the hens from

weather and wild or domestic animals; and

(3.) The henhouse must be located upon a permeable surface that prevents waste runoff

and the materials used in making the henhouse shall be uniform for each element of

the structure. The use of scrap material shall be prohibited; and

(4.) All chicken feed must be securely stored and protected from the elements; and

(5.) All stored manure shall be composted in a fully enclosed structure or container and

no more than three (3) cubic feet of composting manure shall be stored on the

involved lot. All other manure not used for composting or fertilizing shall be

removed from the property.

Article 9. Sign Regulations

Page 9 - 1

ARTICLE 9. SIGN REGULATIONS

9.01 Purposes of Sign Regulations

The purposes of these sign regulations are to:

A. Encourage the effective use of signs as a means of communication in the City of Manchester;

B. Maintain and enhance the aesthetic environment of the City while retaining the City's ability

to attract and encourage economic development and growth;

C. Improve pedestrian and traffic safety;

D. Minimize possible adverse effects of signs on nearby public and private property; and

E. Enable fair and consistent enforcement of these sign regulations.

9.02 Permit Required for Signs

Except as otherwise provided in this Article, no sign may be erected, placed, replaced, moved,

enlarged, illuminated, or substantially altered in the City of Manchester without a permit in

accordance with the provisions of this Ordinance. No permit shall be issued until a Master Sign

Inventory is filed with the City of Manchester for the parcel on which a permit is being sought. A

permit application and fee shall be submitted to the Director of Planning and Community

Development Department and shall include a set of plans at an appropriate scale showing the

location, size, method of illumination, and materials proposed for said sign. The Director of

Planning and Community Development Department shall review the permit application and act

to approve or deny it within thirty (30) days after the filing of the application. If required for

development of the parcel, approval pursuant to the Site Plan Review Regulations must be

received from the Planning Board prior to issuance of a permit. (Rev. 4/21/09)

9.03 Signs Allowed and Exempted from Permit Requirements

The following signs are exempt from the permit requirements of Section 9.02 of this Article, but

are subject to the standards contained herein. Any failure to comply with these standards and any

other provisions of this Article shall be considered a violation of this Ordinance:

A. Signs not exceeding two (2) square feet in area that are customarily associated with residential

use and that are not of a commercial nature, including the following:

1. Nameplate signs giving property identification names or numbers or names of occupants;

2. Signs on mailboxes or newspaper tubes; and

3. Signs posted on private property relating to private parking or warning the public against

trespassing or danger from animals;

Article 9. Sign Regulations

Page 9 - 2

B. Signs erected by or on behalf of or pursuant to the authorization of a governmental body,

including legal notices, identification and informational signs, and traffic, directional, or

regulatory signs;

C. Official signs of a non-commercial nature erected by public utilities;

D. Flags of any governmental organization when not displayed in connection with a commercial

promotion or as an advertising device. No flag shall be flown from a pole that is more than fifty

(50) feet in height;

E. Incidental signs directing and guiding traffic on private property which do not exceed four (4)

square feet each and that bear no advertising matter;

F. One sign per lot containing the message that the real estate on which the sign is located

(including buildings) is for sale, lease, or rent, together with information identifying the owner or

agent. Such signs shall not be illuminated and shall not exceed four (4) square feet in area in

residential districts or thirty-two (32) square feet in area in non-residential districts, and shall be

removed immediately after sale, lease, or rental;

G. Construction site identification signs. Such signs shall not be illuminated, and may identify

the project, the owner or developer, architect, engineer, contractor and subcontractors, funding

sources, and may contain information related to sale or leasing of the premises. Not more than

one (1) such sign may be erected per site, and it may not exceed thirty-two (32) square feet in

area. Such signs shall not be erected prior to the issuance of a building permit and shall be

removed within thirty (30) days after the issuance of the Certificate of Occupancy;

H. Signs erected in connection with elections or political campaigns pursuant to RSA 664:14-21.

No such sign may exceed the sign area permitted for other signs within the zoning district in

which it is located;

I. Signs indicating that a special event such as a grand opening, fair, carnival, circus, festival, or

similar event is to take place on the lot where the sign is located. Such signs may be erected not

sooner than two (2) weeks before the event and must be removed not later than three (3) days

after the event;

J. Banners, building marker signs, and historic marker signs that do not exceed four (4) square

feet in area;

K. Signs that are located on, or are an integral part of, a property that has been placed on or

determined eligible for the National Register of Historic Places, provided that such signs are

recognized as contributing to the National Register status of the property; and

L. Signs that are temporary in nature and not covered in the foregoing categories, provided that

such signs meet the following restrictions:

1. Not more than one (1) such sign may be located on any lot;.

Article 9. Sign Regulations

Page 9 - 3

2. No such sign may exceed four (4) square feet in surface area; and

3. Such a sign may not be displayed for longer than seven (7) consecutive days nor more than

fourteen (14) days out of any one (1) year period.

9.04 Design, Construction, and Maintenance of Signs

All signs shall be designed, constructed, and maintained in accordance with this Ordinance, the

Building Code, and the Electrical Code. Except for portable signs, all signs shall be constructed

of permanent materials and shall be permanently attached to the ground, a building, or other

structure.

9.05 Master Sign Inventory

No permit shall be issued for an individual sign requiring a permit unless and until a sign

inventory is submitted for the site on which the proposed sign will be erected. Where the sign

inventory demonstrates that the total existing sign area on a lot, or the total existing sign area for

an individual principal use on a lot, exceeds the sign area standards contained in this Ordinance,

no new signs shall be erected unless in compliance with this Ordinance. Legal non-conforming

signs may be replaced with signs that are equal to, or less than, the square footage contained in

the sign to be replaced.

The Master Sign Inventory shall contain the following:

A. Where freestanding signs are proposed, an accurate plan of the lot, to scale, showing the

location of buildings, parking areas, driveways, and landscaped areas;

B. An accurate representation by photograph or plan of the location of all existing signs.

Inventory information shall include sign type, size, height above ground, materials and method

of illumination;

C. An accurate representation of the sign location, type, size, height above ground, materials and

method of illumination and attachment for all proposed signs.

9.06 Sign Area and Height Computations

A. Computation of Area of Individual Signs

The area of a sign shall be the surface area of the sign, which shall be considered to include all

lettering or elements of a sign, accompanying designs and symbols, together with the

background, whether open or closed, on which they are displayed, but not including any

supporting framework and bracing which are incidental to the display itself and which are not

designed to attract attention. Where a sign consists of letters or symbols affixed to a surface or

building, without any distinguishing border, panel or background, the area of the sign shall be

considered to be the smallest rectangle or shape which encompasses all of the letters and

Article 9. Sign Regulations

Page 9 - 4

symbols. The area of one side of a double faced sign shall be regarded as the total area of the

sign provided that such sign faces are parallel to each other, part of the same sign structure, and

not more than forty-two (42) inches apart.

B. Computation of Height of a Freestanding Sign

The height of a sign shall be computed as the distance from the base of the sign at normal grade

to the top of the highest attached component of the sign. Normal grade shall be construed to be

the lower of (a) the existing grades of the lot before construction, or (b) the newly established

grade of the lot after construction, exclusive of any filling, berming, mounding, or excavating

solely for the purpose of locating the sign.

9.07 Signs Prohibited Under This Ordinance

All permanent signs not expressly permitted under Sections 9.08 and 9.09 of this Ordinance, or

signs not expressly exempt from permit requirements under Section 9.03 of this Ordinance, are

prohibited in the City of Manchester. Such signs include the following:

A. Beacons, or any light with one or more beams directed into the atmosphere or one or more

points not on the same lot as the light source;

B. Pennants, inflated signs, and tethered balloons;

C. On corner lots, signs which obscure the vision of drivers and create a potential safety hazard.

No sign shall be permitted within the triangular area formed by the intersection of curb lines and

a straight line joining said curb lines at points thirty (30) feet from the point of intersection of

said curb lines. In the absence of curbs, the lines shall be where such curbs would be located.

D. Signs, other than signs erected by or on behalf of a governmental body, that are located in, or

on a public right-of-way or on public lands;

E. Electronic message board signs or flashing signs that have changing print or displays with less

than a 5-second duration and/or by reason of its location, shape or color would interfere with the

view or effectiveness of any official traffic control device.

F. Projecting signs that are lower than ten (10) feet above grade, larger than eight (8) feet in

height, and project more than six (6) feet from the building; (Rev. 12/07)

G. Signs attached to a tree, utility pole, fence, or rock; and

H. Signs, other than traffic control signs, that use the words “stop”, “yield”, “caution”, and

“danger”, or that contain red, amber, and green lights that may resemble traffic control lights.

I. Signs on the building blocking windows. (Rev. 12/07)

Article 9. Sign Regulations

Page 9 - 5

9.08 Signs Permitted in Residential Districts

A. The following signs are permitted in Residential Districts which include the Suburban (R-S),

One-Family (R-1A and R-1B), Two-Family (R-2), Suburban Multi-family (RSM), and Urban

Multi-family (R-3) Districts:

1. One (1) sign of up to twenty (20) square feet in area for each conforming, principal, non-

residential use. The sign may be a freestanding sign or a building sign provided that there is

no more than one (1) freestanding sign per lot;

2. For the purpose of identifying a residential subdivision, multi-family development, or

manufactured housing park of eight (8) units or more, one (1) freestanding sign of up to

twenty (20) square feet in area may be placed at an entrance to such residential development;

3. Signs in accordance with Section 9.03, Signs Allowed and Exempted from Permit

Requirements, of this Ordinance.

B. No sign in residential districts may be illuminated from within, but may be illuminated by a

shielded external light source. For non-residential uses, signs may be illuminated during the

hours that the use is open or in operation; otherwise no sign may be illuminated between the

hours of 11:00 P.M. and 6:00 A.M.

C. No freestanding sign shall exceed eight (8) feet in height, nor shall any freestanding sign be

placed any closer to the front lot line than one-half (1/2) of the depth of the required front yard as

specified in Section 6.07, Table of Dimensional Regulations, of this Ordinance.

9.09 Signs Permitted in Non-Residential Districts

A. The following signs are permitted in non-residential districts which include the Neighborhood

Business (B-1), General Business (B-2), Central Business (CBD), Industrial Park (IND),

Research Park (RP), Redevelopment (RDV), Institutional (C-1), and Hospital (C-2) Districts:

1. One (1) freestanding sign per lot in accordance with the area and height limits as specified

in Section 9.09D, Table of Sign Regulations for Non-residential Districts, of this Ordinance.

Where there are multiple principal uses located on the same lot, any freestanding sign may be

a directory sign on which each principal use may be identified by a sign panel such that the

total area of all sign panels does not exceed the maximum area for a freestanding sign as

specified in Section 9.09B of this Ordinance. No freestanding sign shall be placed any closer

to the front lot line than five (5) feet or placed such that the sign interferes with sight distances

from any driveway providing access to the lot from the adjacent street. A second freestanding

sign, of up to one-half (1/2) of the area of the first freestanding sign, may be allowed on a lot

which is four (4) times larger than the minimum lot size or has the minimum lot frontage on

two (2) streets, said minimum lot dimensions as specified in Section 6.07, of this Ordinance.

No freestanding sign shall be located within one hundred fifty (150) feet of another

freestanding sign on the same lot or on an adjacent lot;

Article 9. Sign Regulations

Page 9 - 6

2. For each sign frontage, a maximum of three (3) building signs of any type provided that the

total of all sign areas does not exceed the maximum area specified in Section 9.09D of this

Ordinance;

3. For uses located on upper or lower floors with no sign frontage, window signs are

permitted as are four (4) square feet of building signs at the ground floor entry door providing

access to said use;

4. Portable signs not exceeding twenty (20) square feet in area shall be allowed providing

only one portable sign shall be placed on a lot at a given time, and no lot shall have portable

signs placed upon it for more than a total of sixty (60) days per calendar year. No portable

sign shall be placed without a permit. A new permit shall be required and a new application

fee charged for each different sign and for each thirty (30) day period for the same sign. Each

portable sign application shall specify the date of placement and the date of removal. No

portable sign shall be placed within a public right-of-way; and

B. The following signs are permitted in the Amoskeag Millyard Mixed Use (AMX):

1. One (1) freestanding sign per lot in accordance with Section A1 above. In addition, for

mills with two street frontages and a length in excess of 300 feet, a second freestanding

sign is permitted in accordance with the same dimensional and other requirements.

2. Signs shall only be permitted which advertise goods, services or products manufactured or

offered for sale on the premises or otherwise related to the use of the premises.

3. For wall of a building, a maximum of ten (10) building signs of any type, provided that

the total of all sign areas is not greater than: (a) an area equal to 10% of the area of the

walls on which they are displayed, or (b) the maximum area specified in Section 9.09B of

this Ordinance;

4. Signs shall not cover windows existing at the date of this ordinance.

C. Sign Regulations in the Arena Overlay: (Rev. 6/9/03)

1. Signs shall only be permitted which advertise goods, services or products manufactured

or offered for sale on the premises or otherwise related to the use of the premises.

2. Signs shall not cover windows.

3. Signs inside of windows and visible from the street shall be included in the area and

number calculations of signs for the buildings.

4. Roof signs shall be limited to neon or individually lit channel letters and shall be limited

to a maximum of 100 square feet.

Article 9. Sign Regulations

Page 9 - 7

D. Table of Sign Regulations for Non-residential Districts

District

Building Signs

Maximum Sign Area

(Sq. Ft.)

Freestanding Signs

Maximum Sign Area

(Sq. Ft.)

Freestanding Signs

Maximum Height

(Ft.)

B-1

Not to exceed 5% of the

wall of the building not to

exceed 80 square feet

B-2

Not to exceed 10% of the

wall of the building not to

exceed 500 square feet

200

CBD

Not to exceed 10% of the

wall of the building not to

exceed 500 square feet

IND

Not to exceed 10% of the

wall of the building not to

exceed 500 square feet

100

Not to exceed 5% of the

wall of the building not to

exceed 100 square feet

RDV

Not to exceed 10% of the

wall of the building not to

exceed 500 square feet

100

AMX

Not to exceed 10% of the

wall of the building not to

exceed 500 square feet

100

C-1

Not to exceed 5% of the

wall of the building not to

exceed 80 square feet

C-2

Not to exceed 5% of the

wall of the building not to

exceed 80 square feet

9.10 Status of Non-Conforming Signs

Non-conforming signs shall be subject to the following regulations:

A. No non-conforming sign shall be altered in any way in structure or material, or relocated to a

position, which makes the sign less in compliance with the requirements of this Ordinance than it

was before the alteration or relocation;

B. Should a non-conforming sign be destroyed by any means to an extent of more than seventy-

five (75%) percent of its replacement cost at the time of its destruction, it shall not be

reconstructed except in conformity with the provisions of this Ordinance.

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ARTICLE 10. OFF-STREET PARKING AND LOADING REQUIREMENTS

10.01 Purpose and intent

The primary purpose of this Article is to provide adequate vehicular access to land uses in the

city. This Article, in combination with other provisions of this Ordinance, is also intended to

encourage the use of public transportation, planned parking structures, and flexible parking

arrangements to provide access to the Central Business District and the Amoskeag Millyard

District, and to discourage the reliance on surface parking lots to serve uses in these areas.

10.02 Applicability

A. Areas and buildings subject to parking requirements. In any district, except the Central

Business District and the Neighborhood Business District (B-1), if any structure is constructed or

enlarged or if any use of land is established or changed, off-street parking spaces provided by

garage spaces or by open-air spaces shall be provided for the entire use in accordance with the

parking requirements established by this Article. Existing or new accessory parking or loading

spaces necessary to meet the requirements of this Article in connection with any existing use

shall hereafter be maintained; except that they may be relocated but not reduced in number. (Rev.

12/07)

B. On-site parking required except as provided in this Article. The parking spaces required for

the uses listed in The Table of Parking Requirements shall be on the same lot as the use they are

intended to serve, except where a conditional use permit for alternative parking arrangements is

issued by the Planning Board under the provisions of this Article.

C. Central Business District exempt from parking requirements. All development and changes

in use in the CDBG and the B-1 districts shall be exempt from the requirements for providing

off-street parking and loading of this Article. Additional parking limitations apply as indicated in

Section 10.07. (Rev. 12/07)

D. Conditional use permits for alternative parking arrangements. The Planning Board is

authorized to issue conditional use permits to reduce or alter the number of off-street parking

spaces otherwise required by this Article. Such conditional use permits may be issued by the

Planning Board for the following flexible parking arrangements and as the Planning Board may

otherwise determine that parking to meet the normal requirements would not be used.:

1. Amoskeag Millyard District. Parking in strict conformance with the Table of

Parking Requirements shall not be required within the Amoskeag Millyard

District. A parking plan, however, shall be required for each development or

redevelopment application subject to the review of the Planning Board within the

district. The parking plan shall use the Table of Parking Requirements as general

guidance for determining expected parking demand from the use(s) within,

accompanied by other parking studies as needed. The parking studies may

consider how actual parking demand may differ from expected demand based on

the unique characteristics of the individual structure or use, and the characteristics

of mixed uses which operate at different hours of the day. The plan shall identify

how parking demands can be met utilizing any combination of on-site parking,

Article 10. Off Street Parking and Loading Requirements

Page 10 - 2

available on-street parking or parking garages or lots. All approved plans shall be

filed with the Director of Planning and Community Development Department.

(Rev. 4/09)

2. Credit for availability of public parking in certain districts. Within the RDV,

C-1 and C-2 districts, where public parking is available within five hundred (500)

feet of the principal entrance to the use served, the Planning Board may issue a

conditional use permit to reduce the number of off-street parking spaces otherwise

required by this Article. Prior to approving such conditional use permit, the

Planning Board must find that the public parking available to the proposed use, in

combination with other uses placing demands on such facilities, is sufficient in

volume, convenience, safety and availability to satisfy the anticipated parking

demands of said use. (Rev. 12/07)

3. Off-site parking. Within the RDV, C-1 and C-2 districts, the Planning Board

may issue a conditional use permit for off-site parking arrangements which are

located within five hundred (500) feet of the principal entrance to the use served,

where it finds that: (Rev. 12/07)

a. The off-site parking is located within the same zoning district as the use

served, and the use cannot practically supply all of its parking on site; and

b. The off site parking spaces are contiguous to one another, and

specifically dedicated to the principal use(s), and demarcated on the

ground to identify the principal use(s) it serves; and

c. Adequate provisions have been made to assure safe pedestrian access

between the off-site parking location and the proposed use; and

d. Wherever required parking spaces are provided off site, such spaces

shall be in the same possession, either by deed or long-term lease, as the

property occupied by the use, structure or lot to which the parking spaces

are accessory. In such case the owner of said lot shall be bound by a

notarized letter of record in the Office of the Director of Planning and

Community Development Department requiring the owner, his heirs and

assigns to maintain the required number of parking facilities for the

duration of the use served.

4. Other. Within all districts, the Planning Board determines that the parking

to meet the normal requirements would not be used.

E. Changes in use or expansion of existing buildings.

1. No reduction in number of parking spaces. In the case of a change in use

which does not cause the enlargement of a structure, and where such new use

Article 10. Off Street Parking and Loading Requirements

Page 10 - 3

does not require any more parking and loading spaces than the former use, the

number of parking and loading spaces provided shall not be reduced.

2. Loading spaces required for all uses. In any district, loading spaces shall be

provided in a number at least in accordance with the Schedule of Loading

Space Requirements for any enlargement, extension, or increase in density.

F. Business Parking in Residential Districts. Parking for a business is not permitted in a

residentially zoned district, either on a separate lot or on the same lot as the business use,

unless the business use is specifically permitted in Article 5 within that residential zone.

10.03 Number of parking spaces required

A. Use and availability of parking spaces. Required parking spaces shall, at all times, be

available for the parking of vehicles of residents, customers, patrons, or employees of the

principal use(s) that the spaces are intended to serve. Required spaces shall not be used for

storage of vehicles, recreational equipment or vehicles, goods, or materials, or for the sale,

repair, or servicing of any vehicles, except for temporary construction activities on the site.

B. Computation of number of spaces required. Where more than one principal use and/or more

than one structure are located on the same lot, the parking requirements shall be computed for

each use and/or structure, and the number of spaces provided shall not be less than the sum of the

number of spaces so calculated, except where a conditional use permit has been granted by the

planning board for an alternative parking arrangement. Off-street parking spaces shall be

provided in accordance with the Table of Parking Requirements. In computing total parking

requirements for a land use, fractional numbers shall be summed. Where the sum of the parking

space computations results in a fractional number, fractions of one-half (1/2) or more shall be

counted as one (1).

Article 10. Off Street Parking and Loading Requirements

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10.04 TABLE OF OFF-STREET PARKING REQUIREMENTS

PRINCIPAL USES

UNIT OF

MEASUREMENT

MINIMUM PARKING SPACES

REQUIRED PER UNIT OF

MEASUREMENT

A. RESIDENTIAL

Single-Family

Dwelling unit

Two (2) [One & one half (1 ½) in the

R-3]

Manufactured Housing Unit

Dwelling unit

Two (2)

Duplex or two-family

Dwelling unit

Two (2) [One & one half (1 ½) in the

R-3]

Multi-Family

Dwelling unit

Two (2) [One & one half (1 ½) in the

R-3 and RDV) (Rev. 11/5/03)

Housing for the Elderly, Assisted

Living, Supported Residential Care

Dwelling unit

One (1) per dwelling unit for

independent living; one half (0.5) per

resident for others

Boarding or Rooming House

Guest rooms

One (1)

Congregate Housing

Bedroom

One (1)

B. AGRICULTURAL

Farming and Agricultural

Operations

Gross floor area

devoted to sales

One (1) per 400 sq. ft.

Stables and Equestrian

Facilities

Stalls plus

Seating capacity

One half (0.5) per stall plus

One (1) per 4 seats

Commercial Kennel

Gross floor area

One(1) per 500 square feet

Veterinary Hospital

Gross floor area

One(1) per 500 square feet

C. CONSTRUCTION AND EXCAVATION

Excavation and Processing of Earth

Materials

Employees parking at site

One(1) per employee

Contractor's Yard

Company vehicles

Gross floor area

One(1) per company vehicle plus

One(1) per 1,000 square feet

D. MANUFACTURING

Manufacturing, fabrication, and

assembly industries

Gross floor area

One(1) per 1,000 square feet

Materials research and testing

laboratory

Gross floor area

One(1) per 1,000 square feet

Wholesale bakery or food processing

Gross floor area

One(1) per 1,000 square feet

Printing and publishing

Gross floor area

One(1) per 1,000 square feet

E. TRANSPORTATION, COMMUNICATIONS & UTILITIES

Limousine or taxi service (garage)

Employees

One (1) per employee

Truck or rail freight terminal

Gross floor area

One (1) per 1000 sq. ft.

Warehousing and storage of non-

Flammable, non-explosive goods

Gross floor area

One (1) per 1000 sq. ft.

Bulk storage of fuel for distribution

Gross floor area

of buildings

One (1) per 1000 sq. ft.

Radio or TV stations, offices, studios

Gross floor area

One (1) per 400 square feet

Telephone, telecommunications, &

cable service operations and

maintenance facilities

Gross floor area excluding

maintenance/storage

garage

One (1) per 250 sq. ft.

Solid waste and resource recovery

facilities

Employees plus storage

yard area

One (1) per employee + one (1) per

5,000 sq. ft. of storage area

Article 10. Off Street Parking and Loading Requirements

Page 10 - 5

PRINCIPAL USES

UNIT OF

MEASUREMENT

MINIMUM PARKING SPACES

REQUIRED PER UNIT OF

MEASUREMENT

F. RETAIL TRADE

Building construction materials,

nursery products, garden centers,

commercial greenhouses and similar

uses

Gross floor area and

outside area devoted to

display or storage of goods

for sale

One (1) per 600 sq. ft., + one (1) per

3,000 sq. ft. of outside merchandise

display area

Furniture, home furnishings,

appliance stores and other bulky

goods

Gross floor area

One(1) per 1,000 sq. ft.

Convenience and general retail up to

25,000 sq. ft.

Gross floor area

One(1) per 250 sq. ft.

Retail uses over 25,000 square feet, including shopping centers:

25,000 to under 400,000 sq. ft.

Gross leaseable area

Four (4) per 1,000 sq. ft. GLA

400,000 to under 600,000 sq. ft.

Gross leaseable area

Four and a half (4.5) per 1,000 sq. ft.

GLA

600,000 sq. ft. or more

Gross leaseable area

Five (5) per 1,000 sq. ft. GLA

G. RESTAURANTS, EATING AND DRINKING PLACES, NIGHT CLUBS

Within a fully enclosed structure, with

no outdoor or drive-thru service

Seating capacity

One (1) per 3 seats

With open-air or drive-thru window

service

Seating capacity

outside service windows

One (1) per 3 seats +

Ten (10) stacking spaces

H. SERVICES (non-automotive)

H-1 FINANCIAL AND PROFESSIONAL

Banks with drive-thru teller stations

Gross floor area

Drive-up lanes

One (1) per 400 sq. ft. plus

Five(5) stacking spaces per lane

Other banking, financial, real estate,

or professional offices

Gross area by floor

One (1) per 400 sq. ft. of floor area

H-2 MEDICAL SERVICES

Offices of health care practitioners

and outpatient health and dental care

Gross floor area

One (1) per 200 sq. ft.

Hospitals

Licensed beds plus gross

floor area of medical offices

Two(2) per bed, plus one (1) per 200

sq. ft. of on-site medical office space

Nursing homes, rehabilitation and

convalescent centers providing 24-

hour care

Licensed beds

One half (0.5) per licensed bed

Medical and dental laboratories and

research and development facilities

Gross floor area

One (1) per 500 sq. ft.

H-3 LODGING AND MEETING FACILITIES

Hotels, motels, extended stay

facilities and Conference centers

Guest rooms

Employees,

Seating capacity of meeting

rooms and restaurants

One and one quarter (1.25) per room

One quarter (0.25) per employee +

One (1) per 4 seating capacity

H-4 PERFORMING ARTS, ENTERTAINMENT & AMUSEMENT

Theaters, cinemas, concert halls

Seating capacity

One (1) per 4 seats

Amusement arcade

Gross floor area

One (1) per 200 sq. ft.

Dance or music studios and schools

Gross floor area

One (1) per 200 sq. ft.

Bowling centers

Lanes

Seating capacity of eating

and drinking areas

Three(3) per lane +

One (1) per 3 seats of eating and

drinking areas

Billiard halls

Gross floor area

One (1) per 200 sq. ft.

Article 10. Off Street Parking and Loading Requirements

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PRINCIPAL USES

UNIT OF

MEASUREMENT

MINIMUM PARKING SPACES

REQUIRED PER UNIT OF

MEASUREMENT

H-5 RECREATION AND SPORTS FACILITIES

Any recreation or sports facility, with

respect to spectator seating

Seating capacity

One (1) per 4 seats

Community center, gymnasium, or

recreation facility

Gross floor area

One (1) per 200 sq. ft.

Indoor health & fitness center, pool,

gym or membership recreation

Gross floor area

One (1) per 200 sq. ft.

Outdoor recreation facilities:

Golf Course

Miniature Golf

Fish & Game Club

Tennis Court

Swimming Pool

Golf green

Miniature golf hole

Membership

Court

Surface water area of pool

Six (6) per green

Two (2) per hole

One (1) per club member

Three (3) per court

One (1) per one hundred (100) sq. ft.

H-6 PERSONAL, BUSINESS & REPAIR SERVICES

Child care facilities

Gross floor area

One (1) per 200 sq. ft.

General personal services & repairs

Gross floor area

One (1) per 300 sq. ft.

Funeral parlors and crematories

Parlors or chapels

Eight (8)/per parlor

Industrial launderers

Gross floor area

One (1) per 1,000 sq. ft.

Large appliance, furniture repair

Gross floor area

One(1) per 1,000 sq. ft.

Equipment rental and leasing

Gross floor area

One(1) per 1,000 sq. ft.

I. MOTOR VEHICLE SALES, RENTAL AND RELATED SERVICES

Motor vehicle sales and rental, sales

or rental of boats, trailers and motor

homes; large truck or heavy

equipment sales or repair

Gross floor area,

outdoor display area,

number of repair bays

One (1) per 400 sq. ft. gross floor

area+ one (1) per 3,000 sq. ft.

outdoor display + two (2) per repair

bay

Automotive repair and towing

Repair bay

Four (4) per bay

Gasoline Sales

Gross floor area plus

One (1) per 50 s. f. + stacking space

Fuel pump nozzles

One and a half (1.5) per fuel nozzle

Self-service car washes and car care

centers

Bay or stall

Two (2) + two (2) stacking spaces

per bay

Car wash and car care with automatic

or drive-thru services (Rev. 8/6/02)

Bay or stall

Two (2) + ten (10) stacking spaces

per bay

J. GOVERNMENT AND INSTITUTIONAL (non-medical)

Elementary & junior high

Classrooms & public

assembly areas

Two (2) per classroom plus one (1)

per 4 seating capacity of public

assembly areas

High school

School capacity & public

assembly areas

Seven (7) per classroom plus one (1)

per 4 seating capacity of public

assembly areas

Business or trade school, college,

university

Gross floor area and

dormitory beds

One (1) per 150 sq. ft. + one half

(0.5) per dormitory bed

Cultural facilities, including libraries

and museums

Gross floor area

One (1) per 300 sq. ft.

Social service offices

Gross floor area

One (1) per 200 sq. ft.

Day Care Facility

Gross floor area

One (1) per 200 sq. ft.

Article 10. Off Street Parking and Loading Requirements

Page 10 - 7

PRINCIPAL USES

UNIT OF

MEASUREMENT

MINIMUM PARKING SPACES

REQUIRED PER UNIT OF

MEASUREMENT

Membership fraternal and social

organizations, clubs, lodges

Seating capacity

One(1) per 4 seating capacity

Churches

Seating capacity

One (1) per 4 seating capacity

Monasteries and convents

Gross floor area

One (1) per 1,000 sq. ft.

Cemeteries

Gross floor area of office

plus seating area of chapels

One (1) per 300 sq. ft. office plus one

(1) per seating capacity of chapels

Correctional Institution

Inmates

One half (1/2) per inmate

Halfway House

Occupants

One half (1/2) per occupant

(Rev. 8/6/02, 05/01/12, 09/07/21)

ACCESSORY USES

UNIT OF

MEASUREMENT

MINIMUM PARKING SPACES

REQUIRED PER UNIT OF

MEASUREMENT

RESIDENTIAL

Accessory dwelling unit

Dwelling Unit (06/23)

One (1) per Accessory Dwelling Unit

(06/23)

Home office or home occupation

Not applicable

Satisfied by minimum for dwelling

Child Daycare

With up to 6 Children

Facility

One(1)

With more than 6 Children

Licensed capacity

One(1) per six (6) children

Sale of farm, horticultural or nursery

products grown on site

Gross area devoted to sales

One (1) per 400 sq. ft.

NON-RESIDENTIAL

Dwelling unit for resident caretaker or

security personnel

Dwelling unit

One (1) per unit

Cafeterias, child care services,

recreational and fitness facilities

primarily for employees

See standards for principal

use

Retail and service uses accessory to

hospital

See standards for principal

use

(Rev. 05/02/17, 06/06/23)

Article 10. Off Street Parking and Loading Requirements

Page 10 - 8

C. Parking requirements for uses not listed. The parking requirements for uses that do not fall

within one of the categories in the Table of Off Street Parking Requirements shall be as for the

closest similar use, as determined by the Director of Planning and Community Development

Department. (Rev. 4/21/09)

D. Handicapped accessible parking spaces. The number of handicapped accessible spaces for

passenger cars shall be provided in accordance with the following standards:

Total Spaces In Required minimum number

Parking Area of accessible spaces

5 to 25 1

26 to 50 2

51 to 75 3

76 to 100 4

101 to 150 5

151 to 200 6

201 to 300 7

301 to 400 8

401 to 500 9

501 to 1000 2 percent of total.

1001 and over 20 plus 1 for each

100 over 1000

10.05 Off-street loading requirements

1. Number required by floor area. Off-street loading spaces shall be provided in accordance

with the following schedule of Off-Street Loading Requirements.

2. Schedule of off-street loading requirements. Where required, the number of loading spaces

required shall be determined by the gross floor area of the use or building in square feet,

according to the following ranges:

Over 150,000

Gross Floor Area and Spaces Required For Each

150,000 Or

Under 5,001 20,001 60,001 100,001 Fraction

Principal Land Use 5,000 -20,000 -60,000 -100,000 -150,000 Thereof

Manufacturing 0 1 2 3 4 1

Freight Terminals 1 1 2 3 4 1

Warehousing 1 1 2 3 4 1

Retail Uses 0 1 1 2 3 1

Services except Office 0 0 1 2 3 1

Office Uses 0 0 1 2 2 1

Institutional Uses 0 0 1 1 2 1

Residential Building 10+ units 0 1 1 2 3 1

Article 10. Off Street Parking and Loading Requirements

Page 10 - 9

10.06 Dimensional Requirements

A. Standard parking space and aisle dimensions. With the exception of the dimensional

requirements pertaining to handicapped accessible parking, the parking space and aisle

dimensions for parking areas containing five (5) or more parking spaces shall conform to the

minimum dimensions included in the Table 10-1 Minimum Dimensional Requirements for

Parking Areas. As illustrated in Figure 10-1 Typical Parking Space Layout, the dimensional

requirements vary in accordance with the angle of the proposed parking spaces.

B. Parking spaces and aisles for the handicapped. Each passenger car space shall be a

minimum 96 inches wide by a minimum 240 inches long with a 60 inch access aisle adjacent. A

van accessible space shall be a minimum 96 inches wide by 240 inches long with a 96 inch

accessible aisle. One in every eight accessible spaces, but not less than one, shall be designated

"van accessible". Every accessible space shall have a 60 inch minimum access aisle adjacent to

it. Two spaces may be serviced by one access aisle. All accessible parking spaces shall be

designated as reserved by a sign showing the symbol of accessibility. Such signs shall be located

so they cannot be obscured by a vehicle parking in the space.

C. Loading spaces. The loading spaces required for the uses listed in the Schedule of Off-

Street Loading Requirements shall in all cases be on the same lot as the use they are intended to

serve. Each loading space shall be a minimum of 12 feet in width and 50 feet in length, not

including space for maneuvering, unless waived by the Planning Board in conjunction with site

plan or planned development review. Required loading areas shall not be used to satisfy parking

space requirements. Maneuvering space for loading bays may, however, be located in parking

aisles subject to approval of the Director of Planning and Community Development Department.

(Rev. 9/506, 4/21/09)

10.07 Parking and loading area design standards

A. Applicability of standards. All parking or loading areas containing five or more spaces

including automotive service and drive-thru establishments shall be either contained within

buildings or other structures, or be subject to the provisions of this section as well as to all

applicable construction specifications of the City of Manchester.

B. Plan required for loading spaces and areas with five or more parking spaces. Plans showing

their layout of such spaces shall be submitted to the Director of Planning and Community

Development Department for approval. For areas of less than five parking spaces, the

dimensions of each space shall not be less than the Table of Minimum Dimensional

Requirements as to stall width, length and area. (Rev. 4/21/09)

C. Stacking space for drive-thru uses. Stacking spaces for drive-through businesses shall be

located on the same lot as the principal use, and shall not interfere with other required parking

spaces or access aisles to said parking spaces. The required number of stacking spaces required

for individual uses is provided in the Table of Off-Street Parking Requirements.

Article 10. Off Street Parking and Loading Requirements

Page 10 - 10

Table 10-1

Minimum Dimensional Requirements for Parking Areas

Angle of

Parking

Spaces

(Degrees)

"A"

(Feet)

"B"

(Feet)

One-Way

Traffic "C"

(Feet)

Two-Way

Traffic "C"

(Feet)

"D"

(Feet)

One-Way

Traffic "E"

(Feet)

Two-Way

Traffic "E"

(Feet)

22.5

24.9

14.3

20.6

40.6

48.6

20.1

15.5

23.3

16.6

25.9

45.2

53.2

14.8

17.6

28.2

47.1

55.1

13.2

18.4

30.3

48.8

56.8

19.1

32.2

50.2

58.2

11.1

19.6

33.8

51.3

59.3

10.4

35.2

62.1

60.1

9.8

20.3

12.5

36.3

60.5

9.4

20.4

37.1

55.7

60.7

20.3

37.7

58.6

60.6

8.8

20.1

37.9

61.1

8.6

19.7

37.9

61.4

8.5

19.2

37.6

60.3

8.5

18.5

Standard parking space size shall be 8.5' by 18.5'

Article 10. Off Street Parking and Loading Requirements

Page 10 - 11

Article 10. Off Street Parking and Loading Requirements

Page 10 - 12

D. Safety of design. Except in connection with one and two family dwellings, parking areas

shall be designed so that, without resorting to extraordinary movements, vehicles may exit the

parking area without backing onto a public street, and without inhibiting pedestrian safety.

Parking spaces which are not 90 degrees to the drive angle shall not be permitted if

maneuverability out of the parking space cannot be accomplished in the direction of travel.

E. Surface and drainage. Every parking or loading area and access driveways thereto shall be

surfaced with a durable and dustless material which shall meet the approval of the Director of

Planning and Community Development Department and shall be graded and drained so as to

dispose of all surface water accumulation. (Rev. 4/21/09)

F. Demarcation. Parking spaces, stacking lanes, entry and exit drives, direction of traffic flow,

and pedestrian ways shall be appropriately demarcated.

G. Internal landscaping of parking area. Except for parking in connection with one and two-

family dwellings, all parking areas shall have a landscaped perimeter of at least ten (10) feet in

width. Parking areas of twenty-five (25) spaces or more shall have landscaped areas within the

perimeter of the parking area in the minimum amount of five (5) percent of the area occupied by

the required parking spaces and associated access aisles.

H. Parking Limitations in the CBD. No new surface parking shall be allowed within the CBD

District within one hundred (100) feet of the Elm Street right-of-way.

I. Parking Limitations in the Arena Overlay. Such limitations may be waived as a Conditional

Use permit by the Planning Board if developed as part of a redevelopment plan approved by the

City. (Rev. 6/9/03)

1. Surface parking shall not be allowed in the front yard of any building. Except in

cases where section 10.07(H) applies, parking within the side yard may be permitted

by a Conditional Use by the Planning Board where such parking does not disrupt

pedestrian traffic flows or create long blank sections between buildings. In such

cases, the parking areas shall be separated from pedestrian sidewalks by a wrought

iron fence and landscaping.

2. No new surface parking shall be allowed within 200 feet of Elm Street.

3. Parking decks located at street level shall have no less than seventy-five percent

(75%) of the lineal street frontage devoted to office or non-parking commercial uses

at a minimum depth of twenty (20) feet along the following streets: Elm Street, Old

Granite Street, Lake Avenue, Willow Street, Central Street, West Depot Street and

Franklin Street.

4. The exterior façade of parking structures shall be covered with architectural cladding

that utilizes materials, colors and a pattern of openings consistent with nearby

significant building facades.

Article 10. Off Street Parking and Loading Requirements

Page 10 - 13

J. Parking limitations in the B-1 District. For newly constructed buildings in the B-1 district,

there shall be no parking in the front yard of the building. Rev. 12/07

K. External protection and screening of surrounding property and structures.

1. All parking or loading areas within 10 feet of any structure or property line

shall have a curb or substantial bumper of masonry, steel or heavy timber not less

than 4 feet from those structures or lot lines for property protection.

2. Any fixture used to illuminate any parking or loading area shall be so arranged

as to direct the light away from the street and away from adjoining premises used

for residential purposes.

3. No loading space or bay in a non-residential district shall be located within

fifty (50) feet of a residential district boundary or within fifty (50) feet of the lot

line of an abutting residential use within a residential district. All bays shall be

located at the side or rear of the building they are intended to serve. No loading

space or bay in any district shall be located within ten (10) feet of any property

line.

4. Parking and loading areas shall be effectively screened on each side that

adjoins or faces a side or rear lot line of a residential district boundary, or any

abutting residential use within a residential district.

10.08 Driveway location and design standards

A. Distance of driveway to intersecting street. Any portion of any entrance or exit driveway

shall not be closer than 20 feet to the street lot line of an intersecting street. In cases in which in

the opinion of the Director of Planning and Community Development Department a traffic

hazard may be created, the location and number of such driveways or entrances and exits may be

modified by the Director of Planning and Community Development Department in the interest of

public safety. (Rev. 4/21/09)

B. Distance between driveways within a lot. The closest points of any two driveways leading

from the same street to a single lot shall not be within 30 feet of each other at their intersections

with the street lot line. On corner lots, the closest points of driveways providing access to

intersecting streets shall be no closer than 50' as measured along the property line and no closer

than 36' as measured diagonally between their closest points at their intersection with the

property line.

C. Width of driveway entrance. Except as provided for in the special standards applicable to

specific uses under Article 8, Supplementary Use Regulations, the width of any entrance or exit

driveway shall not exceed 24 feet at its intersection with the street lot line, except that wider

driveways not exceeding 36 feet in width may be authorized by the Director of Planning and

Community Development Department. (Rev. 4/21/09)

Article 10. Off Street Parking and Loading Requirements

Page 10 - 14

D. Modification of driveway standards. The Planning Board may modify any of the provisions

of this section as they pertain to driveways when such driveways are part of a project which

requires Site Plan approval or Planned Development approval.

10.09 Limited use of yard areas for parking.

A. Non-residential districts. Except in the B-1 District as described in Subsection 10.07J,

parking spaces may be located within the minimum front yard setback in the Civic, Business,

and Industrial districts. However, no pavement, except for site access, is permitted closer than

ten (10) feet from any street lot line in these districts. Parking spaces shall not be located within

four feet of any side or rear lot line or building. (Rev. 12/07)

B. Use of yard area for required parking spaces in residential districts. In all residential

districts, parking spaces shall not be located within four (4) feet of any property line or building,

nor be located in front or side yard areas in residential districts, except under the following

conditions:

1. Side yard. The location of required parking spaces may be within a driveway

located in the side yard, provided that not more than two (2) spaces are located

within the required minimum side yard setback, and that the spaces do not lie

within the minimum front yard setback ;

2. Front yard. The location of required parking spaces may be within a driveway

located in the front yard, provided that not more than one space is located within

the required minimum front yard setback;

3. Rear yard. The location of the required parking spaces may be within a

driveway located in the rear yard, where the principal vehicular access is provided

by an alley. In such case, no minimum setback distance from the rear lot line to

the off-street parking space shall be required, if in the judgment of the Director of

Planning and Community Development Department no public safety hazard will

be created. (Rev. 4/21/09)

4. Three or more family dwellings. In the case of multi-family residential projects

subject to Planned Development or Site Plan Review of the Planning Board,

parking may be provided in a driveway within the front yard of a lot, but not

closer than 30 feet to the front or lot line, provided the Planning Board finds that

the parking in such cases is reasonably necessary to the project; is well integrated

with the building and circulation system; and is adequately landscaped.

C. Uses subject to approval by Planning Board. Where a project requires Site Plan or Planned

Development approval, the use of yard areas for parking may be modified by the Planning

Board, and the mutual written agreement of abutting lot owners, such as but not limited to

crossover easements. A driveway that can be considered a private road, such as but not limited

to a condominium road, is included in these provisions.

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 1

ARTICLE 11. NON-CONFORMING LOTS, USES AND STRUCTURES

11.01 Purpose, intent and applicability.

A. Reduction of non-conformity. The purpose of this Article is to encourage the discontinuance

of non-conforming uses, and to provide for the transition of non-conforming uses to conforming

or more conforming uses.

B. Types of non-conformity. The intent of this article is to regulate changes in lawfully existing

uses, structures and lots which do not conform with the present regulations of the zoning

ordinance. This Article establishes provisions for three classes of non-conformities. A single

property may exhibit one or more type of non-conformity, including:

1. Lots: the size, dimensions, or frontage of a lot;

2. Uses: the land use(s) occurring on the lot or within the buildings thereon; and

3. Structures: the location and extent of buildings and structures built upon the

lot, with respect to density limitations, dimensional and lot coverage standards.

C. Change in ownership or management. Nothing herein contained shall be construed as

prohibiting change in tenancy, ownership, or management of a non-conforming lot, use, or

structure, provided such change is otherwise lawful.

D. Applicability within protected shoreland. Non-conforming lots of record and non-

conforming structures within protected shoreland as defined within RSA 483-B, shall also be

governed by the provisions of RSA 483-B:10 and 11. In the event of a conflict between

applicable regulations, the more restrictive conditions shall apply.

11.02 Determination of non-conformity.

A. Evidence of non-conformity. In reviewing an application for a building permit, or other

application for land use change or structural alteration involving a non-conforming use, building

or lot, the Director of Planning and Community Development Department shall make a

determination as to the existence of a non-conformity. In so doing, the Director of Planning and

Community Development Department may require the property owner, or his agent, to produce

acceptable evidence attesting to said legal non-conforming status. Such evidence shall include,

but is not restricted to, such documents as rent receipts, affidavits, documentation of utility

services, or other information as may be necessary to document a particular case. (Rev. 4/21/09)

B. Non-conforming use status limited to permanent lawful uses. The casual, temporary, or

illegal use of land or structures, or land or structures in combination, shall not be sufficient to

establish the existence of a non-conforming use or to create rights in the continuance of such use.

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 2

C. Non-conformity created through public taking. Where the dimensional non-conformity of a

structure is created by government acquisition of property, such structure shall not be regarded as

a non-conforming use, and may be continued, structurally altered, reconstructed, repaired or

enlarged so long as it remains an otherwise lawful use; provided, that any structural change,

repair, addition, alteration or reconstruction, shall not increase, extend, enlarge or affect the

dimensions which are deficient.

D. Status of uses authorized by special exception or conditional use permit. Any use in lawful

existence at the time of passage or amendment of this Zoning Ordinance which would thereafter

require a Special Exception shall without further action be deemed a conforming use. Any

enlargement or replacement of such use, within a building, or on land, shall require a Special

Exception or a Conditional Use Permit as though it were a new use.

11.03 Non-conforming lots.

A. Evidence of non-conforming lot. A non-conforming lot shall be deemed to exist where the

Director of Planning and Community Development Department determines, based on

information submitted by the property owner or by the public record, that all of the following

conditions are true: (Rev. 4/21/09)

1. The lot was created prior to the effective date of this ordinance, or prior to the

relevant amendments affecting the conformity of the lot, and no further division

has occurred since that date;

2. The lot has not previously been reviewed under this Article;

3. The lot met the minimum size, frontage and area standards which were in effect

when the lot was created;

4. The lot does not conform with present size, frontage, or other dimensional

standards of the zoning district, and the present owner does not own adjoining

property that may be consolidated to the extent necessary to make the lot

conforming with present standards, or is prevented by law from doing so.

B. Date lot was created. The date of creation of a lot shall be established by the most recent

change in configuration, such as by reduction, consolidation, division, or other official action, if

such was required.

C. Actions by land use boards may not create non-conformity. Non-conforming lots shall not

be created through the granting of a variance, special exception, or conditional use, except to the

extent authorized within this Article.

D. Use of a non-conforming lot. A non-conforming lot may be developed for the purposes of the

zoning district under the following conditions:

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 3

1. Lots of substandard size. When a non-conforming lot can be used in

conformity with all applicable regulations except for minimum lot size, then the

lot may be developed for a permitted use, provided that the development can

comply with all other applicable standards of this ordinance. However, no use

which would necessitate a lot size greater than the established minimum lot area

for a particular zone is permissible on a non-conforming lot.

2. Conditions for development of non-conforming lot. In any residential district,

a one family detached dwelling may be constructed on any non-conforming lot;

and in any other district, any permitted use may be developed on a

non-conforming lot, provided that:

a. The lot has at least 20 feet of frontage on an accepted City street; and

b. All yard, setback, parking and other requirements of this ordinance can

be met; and

c. Such lot at the effective date of this ordinance or applicable amendment

was held under separate ownership from the adjoining lots or has been

made non-conforming since that time through public action such as a

taking by eminent domain; and,

d. In cases in which development is proposed on a non-conforming lot

where abutting other lot or lots in the same ownership, these lots shall be

consolidated as necessary to eliminate the non-conformity to the

maximum extent possible, and proof of that consolidation shall be filed

with the application for a development permit. After that time the

consolidated lot, if still non-conforming, shall continue to have the same

rights of use as other non-conforming lots as provided in this Article.

11.04 Non-conforming uses.

A. Continuation of use. Where a non-conforming use, or where non-conforming characteristics

of a use exist, such as signs, off street parking and loading, lighting, landscaping, or similar

features, such non-conforming uses and characteristics of use may continue except as provided

in this Article.

B. Expansion of the area of a non-conforming use on a lot. No expansion of a non-conforming

use which would require additional lot area, devoted to such use, shall be permitted.

C. Limits on expansion of non-conforming use within lawfully existing structure. A non-

conforming use may be expanded to those parts of a building which were clearly designed or

arranged for such use prior to the effective date of this ordinance, or prior to amendment to the

zoning ordinance, text or map, which made the use non-conforming.

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 4

D. Reversion to less conforming use not permitted. No building or lot in which a non-

conforming use has been changed in whole or in part to a more conforming use shall again be

devoted to a less conforming use.

E. Expansion or changes in a non-conforming use created by amendment to this Ordinance. A

Special Exception may be issued for the limited expansion of a non-conforming use or a change

from one non-conforming use to another, where the non-conforming use resulted from an

amendment to this Ordinance. No such non-conforming use of a building, structure or lot shall

hereafter be expanded or changed to another non-conforming use, unless it has been approved by

the Board of Adjustment, subject to the standards of Article 11.04 (G) and to the conditions

attached to such exception by the Board of Adjustment.

F. Expansion or changes in a non-conforming use created by variance. Where an applicant

requests a change in use with respect to a non-conforming use that was created as a result of the

granting of a variance, and not by reason of adoption or amendment to the ordinance, such

application shall be processed by the Board of Adjustment as a variance.

G. Criteria for change or expansion of non-conforming use. A change or expansion of a non-

conforming use may be issued by the Board of Adjustment upon a finding that the proposed use:

(1) will not have an adverse impact on the surrounding neighborhood, and (2) that the change in

use is more conforming with the intent and purpose of the ordinance. In making these

determinations, the Board of Adjustment must find that all of the following conditions are

satisfied:

1. The proposed change would not result in an increase in noise, vibration, dust,

odor, fumes, glare or smoke detectable at the property line;

2. The numbers and kinds of vehicular trips to the site will be comparable to, or

lower than, those associated with the existing use;

3. The use will not place increased demand on the amount and nature of outside

storage or loading requirements, and there will be no net loss in the number of

existing off-street parking spaces serving the existing use(s);

4. The visual appearance of the site and structure, including landscaping and

screening will either remain unchanged or will be improved;

5. The proposed hours of operation for the use will result in an equal or lesser

impact on the neighborhood;

6. The non-conforming characteristics of the use including residential density,

signs, loading, lighting, and landscaping, will be brought into greater

conformance with the requirements of the ordinance;

7. The area of the lot devoted to the non-conforming use will not be increased;

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 5

8. The change in use will be equal to or more compatible with the character of the

neighborhood, will contribute to neighborhood socioeconomic needs, or will

otherwise be in the public interest; and,

9. The maximum expansion of a non-conforming use over its lifetime shall not

exceed twenty-five (25) percent of the area of the existing building, measured

from the time the use first became non-conforming by reason of an amendment to

this Ordinance.

11.05 Non-conforming structures.

A. Structural alterations. Structural alterations of a building or structure which do not

conform to the provisions of this ordinance may be made only if the building is being

altered to conform to the requirements of the zoning district in which it is located, or to

the extent authorized by a Special Exception issued under the provisions of this Article.

B. Repair and maintenance. Normal repairs, renovations and maintenance may be made to

any non-conforming building or structure, except as provided for in Article 11.06.

C. Restoration of damaged non-conforming buildings. Should a non-conforming building,

structure or portion thereof be destroyed in whole or in part, to an extent that the

estimated cost of restoration exceeds two thirds (2/3) of its replacement cost immediately

prior to such damage, it shall not be replaced or restored except in conformity with this

Ordinance. This provision shall not apply, however, when the Director of Planning and

Community Development Department finds that replacement or restoration will be

implemented subject to all of the following limitations and conditions: (Rev. 4/21/09)

1. Residential structures.

a. Within a residential district, any non-conforming single family

residence or residential accessory structure thereto such as a garage, shed,

deck or porch may be replaced in its entirety provided that it is replaced in

the same location, and for the same purpose, with no expansion in the size

of the structure whatsoever;

b. Any owner-occupant of a residence which has been damaged by fire or

other disaster may place a manufactured home on the lot of such residence

and reside therein while the residence is being rebuilt for a maximum of

twelve (12) months from the placement of such structure or the issuance of

a certificate of occupancy, whichever occurs first, subject to state and City

requirements for water supply and sewerage disposal. A manufactured

home which is placed on a lot under this provision shall not attain the

status of a vested non-conforming use; [RSA 674:32, II. ]

c. Within a residential district, any legally maintained, non-conforming,

two or more family residential building may be replaced in its entirety

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 6

provided that it is replaced in the same location, and for the same purpose,

with no expansion in the size of the structure.

2. Non-residential structures

a. The restoration of a building which is non-conforming as to minimum

lot area, yard or setback requirements, and;

b. The replacement structure and the uses therein do not create new non-

conformities.

3. All structures above shall meet the following

a. The destruction or damage was the result of a disaster which resulted

from circumstances beyond the control of the owner;

b. Reconstruction, restoration or replacement of the structure shall be

accomplished within the same footprint area and shall not exceed the

height dimensions of the original structure; and,

c. Reconstruction or replacement shall be initiated within a period of one

year of the date of destruction, and completed within two years; and

d. If the reconstruction or repair is not begun within the one year period,

the building or structure shall not be reconstructed or repaired, except in

conformity with the requirements of this Ordinance, and the non-

conformity shall be deemed to be terminated.

D. Non-conforming signs. Provisions governing non-conforming signs are contained within

Article 9. Signs, Section 9.10.

11.06 Abandonment and termination of non-conformity.

A. Termination due to abandonment. The abandonment of a non-conforming use as defined in

this section shall result in the termination of the non-conforming status of that use. The property

shall thereafter conform to the regulations of the district.

B. Evidence of abandonment. The term abandonment as used herein shall mean the

discontinuance of a non-conforming use or the occupancy of a non-conforming structure for a

specified period of time. The normal, seasonal cessation of a use, or a temporary discontinuance

for purposes of maintenance, rebuilding after damage or destruction or maintenance or

improvements permitted under this Article shall not be included in calculating the period of

discontinuance. Any one of the following shall constitute evidence of the abandonment of a

non-conforming use:

Article 11. Nonconforming Lots, Uses and Structures

Page 11 - 7

1. In the case of a structure and land in combination, the visible or apparent

intention of an owner to discontinue the use of a building, structure or premises,

or the removal of characteristic equipment or furnishings without replacement by

similar equipment or furnishings within a period of twelve (12) consecutive

months; or

2. In the case of land only, discontinuance of the occupancy of the non-

conforming use of the land for 90 consecutive days, or for a total of six months

during any one year period; or

3. In the case of a non-conforming structure which is damaged by means beyond

the control of the owner, failure to commence restoration within one year and to

conclude restoration within two years of the date the damage occurred.

C. Termination due to destruction. Except as provided in Article 11.05, the destruction of a

non-conforming structure, building or use shall result in the termination of its non-conforming

status.

Article 12. Conditional Use Permits

Page 12 - 1

ARTICLE 12. CONDITIONAL USE PERMITS

12.01 Planning Board to Administer

Wherever a conditional use is authorized by this ordinance, the authority to administer or grant

conditional use permits shall be vested in the Planning Board. The duration of a conditional use

permit shall be defined by the provisions of Article 15, Section 15.03 Expiration of Permits and

Approvals.

12.02. Application and Review Procedure

An application for a conditional use shall be initiated by filing with the Planning Board for an

application for a conditional use permit. The following procedures shall apply to the processing

of such application:

A. Procedure if Subdivision or Site Plan Approval Also Required. Where other required

development approvals for a conditional use include subdivision or site plan approval by

the Planning Board, the application and review procedure for a conditional use permit

shall be made concurrently and in accordance with the procedures specified in the

Subdivision Regulations or Site Plan Regulations as applicable to the particular

development.

B. Procedure if Subdivision or Site Plan Approval Not Required. Where no subdivision

or site plan approval would otherwise be required for the conditional use, the application

and procedural requirements of the Site Plan Regulations shall be applied to the

application and processing of conditional use permits with respect to content of

applications, requirements for public notice, hearings and timing of decisions by the

Planning Board.

12.03 Burden of Persuasion

The applicant shall bear the burden of persuasion, through the introduction of sufficient evidence

through testimony or otherwise, that the development, if completed as proposed, will comply

with this Article and will satisfy the specific requirements for the use contained in the ordinance.

12.04 Standards of Review

In reviewing an application for a conditional use permit, the Planning Board shall consider the

following information in its deliberations, as applicable to the case:

A. Specific authorization for the conditional use in Article 5, Sections 5.10 and 5.11

Table of Principal Uses and Table of Accessory Uses;

B. Compliance of the development plan with the specific standards for such use

contained in the zoning ordinance;

Article 12. Conditional Use Permits

Page 12 - 2

C. The results of any special investigative or scientific studies prepared in association

with the proposed development;

D. Special reports or analysis of the project or its impacts, prepared by the City or

consultants;

E. The findings, goals and objectives of the City Master Plan;

F. The relationship of the development to the timing, location and cost of public

improvements scheduled in the Capital Improvements Program; and

G. Testimony and evidence introduced at the public hearing on the application.

12.05 Hearing and Decision

Following a public hearing on the proposed use, the Planning Board shall issue a conditional use

permit, if it finds, based on the information and testimony submitted with respect to the

application, that:

A. The use is specifically authorized by Article 5, Section 5.10 or 5.11, Table of

Principal Uses or Table of Accessory Uses as a conditional use;

B. If completed, the development in its proposed location will comply with all

requirements of this Article, and with specific conditions or standards established in this

ordinance for the particular use;

C. The use will not materially endanger the public health or safety;

D. The use will not substantially de-value abutting property;

E. The use will be compatible with the neighborhood and with adjoining or abutting uses

in the area in which it is to be located;

F. The use will not have a substantial adverse impact on highway or pedestrian safety;

G. The use will not have a substantial adverse impact on the natural and environmental

resources of the City; and

H. Adequate public utilities and community facilities are available to the property to

ensure that the proposed use will not necessitate excessive public expenditures in

providing public services.

Article 12. Conditional Use Permits

Page 12 - 3

12.06 Stipulations of Approval

In granting a Conditional Use permit, the Planning Board may attach reasonable conditions to its

approval, including but not limited to the phasing of a development, where such conditions are

shown to be necessary to further the objectives of this ordinance and the master plan, or which

would otherwise allow the general conditions of this Article to be satisfied. Representations

made at a public hearing, or in material submitted to the Planning Board by an applicant, to

obtain a Conditional Use permit shall be deemed conditions for the issuance of the permit. All

conditions of approval shall be stated in writing in the issuance of a permit. The Planning Board

may require that such conditions be annotated on a site plan or subdivision plat, or otherwise

recorded at the Hillsborough County Registry of Deeds.

12.07 Appeals

Any persons aggrieved by a Planning Board decision on a Conditional Use permit may appeal

that decision to the Superior Court, as provided for in RSA 677:15. A Planning Board decision

on the issuance of a Conditional Use permit cannot be appealed to the Zoning Board of

Adjustment. (RSA 676:5, III)

Article 13. Impact Fees

Page 13 - 1

ARTICLE 13. IMPACT FEES (Rev. 3/07/23)

Section 13.01 Authority and Purpose.

These provisions are established pursuant to New Hampshire RSA 674:21,V. The provisions of

the Article are intended to: assist in the implementation of the City of Manchester Master Plan;

provide for the planning for and provision of public capital facilities necessitated by the growth

of the City of Manchester; and assess an equitable share of the growth-related cost of new and

expanded public capital facilities to new development, in proportion to the facility demands

created by that development. Facilities which are eligible for inclusion under this Ordinance are

specifically enumerated under NH RSA 674:21, V and are more specifically limited to those

facilities identified in the Impact Fee Schedule adopted by the Board of Mayor and Aldermen.

(Rev. 3/07/23).

13.02 Findings.

A. General. The City of Manchester, through its Planning Board, has adopted a Master Plan and

the Board of Mayor and Aldermen has adopted a capital improvements program. (Rev.

8/15/17)

B. Purpose. The City of Manchester is responsible for and committed to the provision of public

facilities and services, at standards which support and protect the public health, safety and

welfare. (Rev. 8/15/17)

C. Method of apportioning capital costs to new development. Calculation methodologies for

Impact Fees, as established in reports by the Planning Board, represent fair, rational and

proportional methods of allocating capital facility costs to new development. Based on the

methodologies, Impact Fees will not exceed the costs of:

1. Providing additional public capital facilities necessitated by the new

developments paying Impact Fees; or

2. Compensating the City of Manchester for expenditures made for existing public

facilities which were constructed in anticipation of new growth and development.

(Rev. 8/15/17)

13.03 Imposition of Public Capital Facilities Impact Fee. (Rev. 8/15/17)

A. Assessment of Impact Fee by Director of Planning and Community Development

Department. Any person or firm, who wishes to construct New Development within the City

of Manchester, is hereby required to pay a Public Capital Facilities Impact Fee in the manner

and amount set forth in Section 13.05 of this Ordinance. The City of Manchester Planning

and Community Development Department shall assess the amount of the Public Capital

Facilities Impact Fee and the Impact Fee shall be paid prior to the issuance of a Certificate of

Occupancy. (Rev. 4/21/09, 8/15/17)

Article 13. Impact Fees

Page 13 - 2

13.04 Computation of Impact Fee. (Rev. 9/7/04, 8/15/17)

The amount of the Public Facilities Impact Fee shall be listed in the Impact Fee Schedules

adopted by the Board of Mayor and Aldermen and prepared in accordance with a methodology

report adopted by the Planning Board. Adopted Impact Fee Schedules are contained in Article

13.14 of the Zoning Ordinance.

In the case of New Development created by the conversion or modification of an existing use,

the Impact Fee shall be the net positive increase in the Impact Fee assessed for the new use as

compared to the highest Impact Fee that was or would have been assessed for the previous use in

existence on or after the effective date of this article. (8/15/17)

13.05 Payment of Impact Fees. (Rev. 8/15/17)

The assessed Impact Fee shall be paid to the City of Manchester Planning and Community

Development Department prior to the issuance of a Certificate of Occupancy for New

Development. (Rev. 8/15/17)

13.06 Administration of Funds Collected. (Rev. 8/15/17)

A. Individual facility accounts required. All Impact Fees collected shall be promptly transferred

for deposit in individual Public Capital Facilities Impact Fee Accounts for each of the

facilities for which Impact Fees are assessed, and shall be used solely for the purposes

specified in this Article. Impact Fee accounts shall be special revenue fund accounts and

under no circumstances shall such revenues accrue to the General Fund.

B. Custody of Impact Fee accounts and release of funds. The City Finance Director shall have

custody of all Impact Fee accounts, and shall pay out the same only upon authorization by

the Board of Mayor and Aldermen.

C. Record keeping. The City Finance Director shall record all fees paid, by date of payment and

the name of the person making payment, and shall maintain an updated record of the current

ownership, tax map and lot reference number of properties for which Impact Fees have been

paid under this Ordinance for a period of at least six (6) years.

D. Annual report. At the end of each fiscal year, the City Finance Director shall make a report to

the Board of Mayor and Aldermen, giving a particular account of all Public Capital Facilities

Impact Fee transactions during the year.

E. Use of funds. Funds withdrawn from the Public Capital Facilities Impact Fee Accounts shall

be used solely for the purpose of acquiring, constructing, expanding or equipping those

public capital facilities identified in the Impact Fee Schedule.

F. Application to debt service. In the event that bonds or similar debt instruments have been

issued for public capital facilities which were constructed in anticipation of new

Article 13. Impact Fees

Page 13 - 3

development, or are issued for advanced provision of capital facilities identified in this

Article, Impact Fees may be used to pay debt service on such bonds or similar debt

instruments.

13.07 Refund of Impact Fees Paid. (Rev. 8/15/17)

The owner of record of property for which an Impact Fee has been paid shall be entitled to a

refund of that Impact Fee, plus accrued interest where: (1) The Impact Fee has not been

encumbered or legally bound to be spent for the purpose for which it was collected within a

period of six (6) years from the date of the final payment of the Impact Fee; or (2) the City has

failed, within the period of six (6) years from the date of the final payment of such Impact Fee, to

appropriate the non-Impact Fee share of related capital improvement costs. (Rev. 8/15/17)

13.08 Other Public Improvements. (Rev. 8/15/17)

Payment of a Public Capital Facilities Impact Fee does not restrict the City or the Planning Board

in requiring other payments, including such payments relating to the cost of extensions of water

and sewer mains or the construction of roads or streets or other infrastructure and facilities as

may be required by the subdivision or site plan review regulations. (Rev. 8/15/17)

13.09 Exemptions and Waivers. (Rev. 8/15/17, 3/07/23)

A. Exemptions. The following uses are exempt from selected Impact Fees:

1. Those dwelling units within residential developments in which occupancy will be legally

and permanently restricted to persons age 62 and over in accordance with federal law are

exempt from School Impact Fees.

2. Rooms within a Boarding, Lodging, or Rooming House or within Congregate Housing

that have less than 350 Sq. Ft. of gross Floor Area are exempt from School Impact Fees.

(Rev. 8/15/17, 3/07/23)

B. Waivers. The Planning Board may grant a full or partial waiver of an Impact Fee only in the

following instances:

1. Land and/or public capital facility improvements may be offered by a feepayer as total or

partial credit toward the Impact Fee. The offer must be determined to represent an

identifiable dollar value computed in a manner acceptable to the Planning Board and

must meet the needs of the specific public facilities for which the Impact Fees are

adopted; or

2. Where documentation and/or legally enforceable mechanisms are provided to

demonstrate to the satisfaction of the Planning Board that a proposed use will impose no

or substantially reduced demands on Public Capital Facilities, the Planning Board may

reduce or waive an Impact Fee. The documentation and/or legally enforceable

mechanisms shall be submitted to the Planning Board in writing. (Rev. 3/07/23)

Article 13. Impact Fees

Page 13 - 4

Improvements that would normally be required by the Planning Board under subdivision or

site plan regulations shall not be considered eligible under this section. (Rev. 3/07/23)

C. Application for Impact Fee Waivers. The Planning Board may consider a request for Impact

Fee waiver after a public hearing duly noticed in conformance with Section 4.9 Public

Hearing of Subdivision and Site Plan Review Regulations. The Planning Board shall adopt

an application fee to cover the costs of administrative expenses and plan review consistent

with its application procedures. Applications for Impact Fee Waivers shall be made on the

appropriate application form available at the Planning and Community Development

Department and shall include all materials required by the relevant appendix. The applicant

for an Impact Fee waiver shall prepare and submit a written analysis of the potential demand

on Public Capital Facilities of the New Development activity. All costs incurred by the city

for the review of such study shall be paid by the applicant. (Rev. 8/15/17)

13.10 Appeals. (Rev. 8/15/17)

Any person aggrieved by the application of this Article may appeal therefrom to the Superior

Court as provided for in NH RSA 677:15. (Rev. 8/15/17)

13.11 Premature and Scattered Development.

Nothing in this Ordinance shall be construed so as to limit the authority of the Manchester

Planning Board to provide against development which is scattered or premature, requires an

excessive expenditure of public funds, or otherwise violates the City of Manchester Site Plan

Review Regulations, Subdivision Regulations, or Zoning Ordinance.

13.12 Periodic Review.

The Impact Fee Schedule shall be reviewed annually by the Planning Board, using the

"Methodology" reports. Such review may result in recommendations for adjustment to one or

more of the Impact Fees based on the most recent data, as may be available from the Bureau of

the Census, local property assessment records, market data reflecting interest and discount rates,

or current construction cost information for public capital facilities, etc. The Planning Board

shall furnish its recommendations to the Board of Mayor and Aldermen, who shall have the

authority to change the Impact Fee Schedule. (Rev. 8/15/17)

13.13 Effect on Prior Agreements for Payment of Impact Fees. (Rev. 8/15/17)

The provisions of this Article shall supersede any Impact Fees which are unpaid as of the

effective date of this Ordinance. (Rev. 8/15/17)

Article 13. Impact Fees

Page 13 - 5

13.14 Impact Fee Schedules. (Rev. 8/18/17, 3/07/23)

The following Impact Fee Schedules have been adopted by the Board of Mayor and Aldermen.

MANCHESTER IMPACT FEE SCHEDULES

A. SCHOOL IMPACT FEE (Applies only to Residential New Development)

Dwelling units with less than 2 bedrooms and less than 900 square feet of gross floor area shall

be charged the applicable impact fee in Column A from the School Impact Fee table. All other

dwelling units shall be charged the applicable impact fee from Column B. (Rev. 3/07/23)

Type of Unit

Fee per Dwelling Unit

Single Family Detached

$1,377

$4,589

Townhouse (Attached)

$552

$1,104

Two Family

$748

$3,739

Three or More Unit (Multi-Family)

$625

$3,125

Manufactured Housing

$690

$2,301

Accessory Dwelling Units

$459

$1,530

Dwellings (1 or 2 units) Above Commercial Uses

$473

$ 945

B.1. RESIDENTIAL FIRE DEPARTMENT IMPACT FEE

Type of Unit

Fee per Dwelling Unit

Single Family Detached

$571

Townhouse (Attached)

$511

Two Family

$589

Three or More Unit (Multi-Family)

$512

Manufactured Housing

$525

Accessory Dwelling Units

$190

Dwellings (1 or 2 units) in Upper Stories

$512

Single Room Dwelling Units of 450 SF or less

$166

B.2. NON-RESIDENTIAL FIRE DEPARTMENT IMPACT FEE

Non-Residential Use Category

Fee per Gross SF

Retail, Lodging, Food Service, Entertainment

$0.53

Offices including Banks

$0.20

Other Commercial & Institutional

$0.35

Industrial, Warehouse, Transportation, Storage

$0.05

Article 14. Appeals to the Zoning Board of Adjustment

Page 14 - 1

ARTICLE 14. APPEALS TO THE ZONING BOARD OF ADJUSTMENT

14.01 Zoning Board of Adjustment (ZBA)

A. Appointment and Terms

Pursuant to RSA 673, Local Land Use Boards, a ZBA shall be established, consisting of five (5)

members and up to five (5) alternate members, all appointed by the Mayor subject to

confirmation by the Board of Mayor and Aldermen for three (3) year terms. Alternate members

may fulfill the duties and responsibilities of a regular member when a regular member is

disqualified from consideration of a particular application.

B. Organization and Rules of Procedure

On an annual basis, the ZBA shall elect a chairman and other officers from among its

membership. The ZBA shall adopt, and from time to time amend, rules of procedure for the

conduct of business. The rules of procedure shall establish a regular meeting schedule for the

consideration of appeals.

14.02 Powers and Duties of the ZBA

A. Interpretation of the Ordinance:

The ZBA shall:

1. Hear and decide appeals where it has been alleged that there is an error in any order,

requirement, decision, or determination by the Director of Planning and Community

Development Department in the administration of this Ordinance. The ZBA may affirm

or reverse such order, requirement, decision, or determination, in whole or in part, or may

modify the same; (Rev. 4/21/09)

2. Hear and render determinations on any questions relative to the meaning of the text of

this Ordinance; and

3. Hear and render determinations on any questions relative to the exact location of any

district boundary shown on the zoning map.

B. Authorization of Variances:

1. Upon appeal, the ZBA may authorize a variance from the terms of this Ordinance for a

particular use, a parcel of land, an existing building, or a proposed building only when it

determines that all of the following five (5) criteria have been satisfied:

a. The variance will not be contrary to the public interest;

b. The spirit of the ordinance is observed;

Article 14. Appeals to the Zoning Board of Adjustment

Page 14 - 2

c. Substantial justice is done;

d. The values of surrounding properties are not diminished; and

e. Literal enforcement of the provisions of the ordinance would result in an

unnecessary hardship.

2. The applicant bears the burden of presenting evidence sufficient to allow the ZBA to

reach conclusions and make findings to support the authorization of a variance.

3. In authorizing a variance, the ZBA may impose such conditions and stipulations as it

deems necessary and proper in order to fulfill the purposes and intents of this Ordinance.

4. Variances authorized under Section 14.02(B) shall be valid if exercised within 2 years

from the date of final approval, or as further extended by local ordinance or by the zoning

board of adjustment for good cause, provided that no such variance shall expire within 6

months after the resolution of a planning application filed in reliance upon the variance.

5. If after commencement of construction, the property is abandoned for a period of two

(2) years, then the variance shall be deemed to have expired and cannot be re-established

without a new application process and affirmative decision of the ZBA.

6. Any proposed non-residential variance request located within the Lake Massabesic

Protection Overlay District shall be forwarded to the Manchester Water Works for

comment prior to the hearing on the variance. (Rev. 11/28/06)

7. The Zoning Board of Adjustment may grant a variance from the terms of this

Ordinance without finding a hardship arising from the condition of a premises subject to

this Ordinance, and thus not comply with Section 14.02(B)(e) above, when reasonable

accommodations are necessary to allow a person or persons with a recognized disability

to reside in or regularly use the premises, provided that:

a. Any variance granted under this paragraph shall be in harmony with the

general purpose and intent of this Ordinance, and

b. In granting any variance pursuant to this subsection, the Zoning Board of

adjustment may provide, in a finding included in the variance, that the

variance shall survive only so long as the particular person has a continuing

need to use the premises. (Rev. 2/6/2024)

C. Granting of Special Exceptions:

1. The ZBA shall hear and decide requests for Special Exceptions that are specifically

authorized in Article 5, Use Regulations, or otherwise in this Ordinance.

Article 14. Appeals to the Zoning Board of Adjustment

Page 14 - 3

2. The ZBA shall grant a request for a Special Exception only where it confirms in

writing each of the following findings:

a. The use requested is specifically authorized in the Ordinance;

b. The requested use will not create undue traffic congestion or unduly impair

pedestrian safety;

c. The requested use will not overload the public utility systems (e.g. sewer and

water);

d. The requested use will not create excessive demand for municipal police, fire

protection, schools, or solid waste disposal services;

e. Any requirements and standards for the use as set forth in Article 8,

Supplementary Regulations and Standards for Specific Uses, of this Ordinance

are fulfilled;

f. The requested use will not create hazards to the health, safety, or general

welfare of the public, nor be detrimental to the character of the adjacent

neighborhood;

g. The proposed location is appropriate for the requested use; and

h. The requested use is consistent with the spirit and intent of this Ordinance and

the Master Plan.

3. The applicant bears the burden of presenting evidence sufficient to allow the ZBA to

make findings required to support the granting of a Special Exception.

4. In granting a Special Exception, the ZBA may attach conditions as it deems necessary

to assure compliance with the purposes of this Ordinance. Such conditions may include

but are not limited to the following:

a. Increasing the lot size or yard dimensions;

b. Limiting the lot coverage or building height;

c. Specifying the location and the number of vehicular curb-cuts to the property;

d. Requiring additional on-site parking or loading spaces;

e. Requiring additional landscaping and screening;

f. Limiting the number of occupants of a building, and the methods and times of

operation of a use;

Article 14. Appeals to the Zoning Board of Adjustment

Page 14 - 4

g. Restricting the number, size, and illumination of signs;

h. Modifying the exterior appearance of a building; and

i. Providing for specific locations or layout of facilities on the property.

5. Special exceptions authorized under Section 14.02(C) shall be valid if exercised

within 2 years from the date of final approval, or as further extended by local ordinance

or by the zoning board of adjustment for good cause, provided that no such special

exception shall expire within 6 months after the resolution of a planning application filed

in reliance upon the special exception.

6. If, after commencement, a Special Exception is abandoned or discontinued for a period

of two (2) years, then the Special Exception shall be deemed to have expired and cannot

be re-established without a new application process and the affirmative decision of the

ZBA.

14.03 Application Procedure for the ZBA

A. Application Fees

A non-refundable fee shall be submitted together with an application to cover the costs of the

advertising, notification, and processing of the application as well as any special investigative

studies deemed necessary by the ZBA.

B. Submission Materials

An application to the ZBA shall include a completed application form, plans, and supplemental

information as may be required for the specific type of appeal. The application shall be filed at

least fourteen (14) days before a regularly scheduled meeting of the ZBA.

C. Notification

A notice of a public hearing on an application shall be given to the applicant and to all abutters

by verified mail, as defined by RSA 451-C:1,VII, not less than five (5) days before the date of

the hearing. Notice shall also be given to each member of the ZBA, the Mayor, the Alderman of

the Ward in which the application is located, and the Planning and Community Development

Department. A public notice shall be posted in two (2) separate and distinct public places, and

placed in a newspaper of general circulation in the City of Manchester, not less than five (5) days

before the date of the hearing. (Rev. 4/21/09)

D. Public Hearing

At the public hearing, the ZBA shall hear or receive oral or written testimony from the applicant

and all abutters, and any non-abutter who can demonstrate they are directly affected.

Article 14. Appeals to the Zoning Board of Adjustment

Page 14 - 5

Representations made at the public hearing or material submitted to the ZBA shall be deemed to

be conditions of any subsequent decision of the ZBA. The ZBA may convene or reconvene the

public hearing at the site of the proposed use in order to permit observations concerning the site

to become part of the record of the hearing and decision.

E. Referral to Planning Board

Prior to taking final action on an application, the ZBA may request review and recommendation

from the Planning Board or Planning Staff. The Planning Board or Planning Staff shall respond

to the ZBA within thirty (30) days of a referral. Any recommendation received from the Planning

Board or Planning Staff shall be disclosed at meeting of the ZBA, and shall become a part of the

record of the application. In its review, the Planning Board or Planning Staff shall consider the

proposed use as it relates to the neighborhood and the City, and its conformance to the spirit and

intent of the Master Plan and this Ordinance.

F. Action on the Application

The ZBA shall approve, deny, or approve with conditions, each application upon which a

hearing has been held. Action on an application may be tabled from the public hearing to

another meeting of the ZBA. A concurring vote of three members of the ZBA shall be necessary

for a decision on an application. Only members who were present at the hearing may vote on the

application.

G. Issuance of a Decision

Within seventy-two (72) hours after a vote on an application, a written record of the decision

shall be available for public inspection at the office of the ZBA. The record of decision shall

state whether the application was approved or denied, include any conditions if approved, and

state the reasons for a denial. A copy of the record of decision shall be sent to the applicant by

first class mail, and copies shall be made available to the Planning and Community Development

Department, and the Chairman of the Board of Assessors. (Rev. 4/21/09)

H. Rehearing

Within thirty (30) days after a decision of the ZBA, any party to the action or any person directly

affected thereby may apply for a rehearing in respect to any matter determined in the decision,

and must specify such grounds in the motion for rehearing. The ZBA may grant a rehearing if, in

the opinion of the ZBA, there is good reason, based on the motion.

I. Subsequent Applications

Once an application has been denied by the ZBA, the same application may be considered as a

new application by the ZBA if, and only if, the ZBA finds that the new application is materially

different in nature and degree from the prior application. The applicant bears the burden of

providing evidence sufficient to allow the ZBA to find that a material change in circumstance

has occurred, so that the application should be considered as a new application.

Article 14. Appeals to the Zoning Board of Adjustment

Page 14 - 6

J. Appeal to Superior Court

No appeal from any decision of the ZBA may be taken to the Superior Court unless the appellant

has first made application for a rehearing as provided above.

Article 15. Administration and Enforcement

Page 15 - 1

ARTICLE 15 - ADMINISTRATION AND ENFORCEMENT

15.01 Powers and Duties of Director of Planning and Community Development

Department. (Rev. 4/21/09)

A. Interpretation and Enforcement of Ordinance. The Director of Planning and Community

Development Department shall have the authority to administer and enforce the provisions of

this Ordinance. The Director of Planning and Community Development Department shall have

the responsibility to interpret this Ordinance for the purpose of determining compliance of

existing or proposed buildings, structures, and other development applications with the

provisions thereof. [See also Article 5, Section 5.05, Administrative classification of uses not

specified or change in use, describing the authority of the Director of Planning and Community

Development Department to make an administrative decision of a land use or land use change

that is not specifically listed in the Table of Uses.]

B. Enforcement of Conditions of Approval. Where a Conditional Use permit has been issued

by the Planning Board, or where a Special Exception or Variance has been issued by the Board

of Adjustment, it shall be the duty of the Director of Planning and Community Development

Department to enforce the specific conditions of approval attached to such decisions by the land

use board(s).

C. Establishment of Application Requirements. The Director of Planning and Community

Development Department is empowered to require that an applicant for a building permit, submit

application forms accompanied by any supporting documentation that is deemed reasonably

necessary to make findings of compliance with the provisions of this Ordinance. An application

for a building permit shall also include plans and detailed drawings to demonstrate proposed

construction activities and drawings required for Building Code compliance.

15.02 Permits Required.

A. Building Permit. It shall be unlawful to erect, construct, reconstruct, convert or alter a

structure, change the use, or increase the intensity of use, of a building, structure or lot without

applying for and receiving from the Director of Planning and Community Development

Department the required permit. (Rev. 4/21/09)

B. Approvals required prior to building permit. No building permit shall be issued until all other

required approvals are secured by the applicant. Such approvals may include, but shall not be

limited to Special Exception, Variance, Conditional Use permit, Site Plan approval, or

Subdivision approval. Verification of such approvals and all conditions shall be made by the

Director of Planning and Community Development Department prior to issuance of a building

permit. (Rev. 4/21/09)

C. Certificate of Occupancy. It shall be unlawful to use or occupy any structure or lot for which

a permit is required without the owner applying for and receiving, from the Director of Planning

and Community Development Department, a certificate of occupancy. (Rev. 4/21/09)

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D. Permit and Certificate fees. Fees shall be as established by schedules adopted by the Board

of Mayor and Aldermen.

15.03 Expiration of permits and approvals.

A. Building Permits. A building permit shall be valid for a period of twelve (12) months from

the date of issuance. A building permit shall become invalid if:

1. The construction for which a building permit has been issued has not

commenced within one (1) year of the date of issuance of the permit; or

2. The authorized construction or development, once begun, is suspended or

abandoned for a continuous period of six (6) months; or

3. A certificate of occupancy has not been obtained, or the authorized use has not

been established, within two (2) years of the date of issuance of the building

permit.

B. Special Exceptions, Variances, and Conditional Use permits. Conditional use permits issued

by the Planning Board, or Special Exceptions and Variances issued by the Board of Adjustment

shall automatically expire one (1) year after the date of approval if: (Rev. 9/5/06)

1. The conditions of approval attached by either board have not been met; or

2. Any related state or local permit or approval has not been secured; or

3. The action or use authorized has not commenced.

15.04 Violations.

A. Notice of Violation and Order. The Director of Planning and Community Development

Department shall serve a notice of "VIOLATION and ORDER" to any person responsible for the

erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any

building or other structure or use of any lot in violation of the provisions of this Ordinance; or in

violation of any approved plan, drawing, information or drawing pertinent thereto; or in violation

of a permit or certificate issued under the provisions of this Ordinance; and such order shall

direct the discontinuance of the unlawful action, use or condition and the abatement of the

violation within a time to be specified by the Director of Planning and Community Development

Department. (Rev. 4/21/09)

B. Owner under notice to secure site from hazards. Any owner who has been served with a

notice of “VIOLATION and ORDER” shall not leave any structure or lot in such a condition as

to be a hazard or menace to the public health, safety or general welfare. The Director of Planning

and Community Development Department shall have the authority to direct the owner to secure

the premises, to avoid hazard to the public, and the discretion to specify the means by which the

premises are to be secured. (Rev. 4/21/09)

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Page 15 - 3

C. Prosecution of violation. If a notice of "VIOLATION and ORDER" is not complied with

promptly, the Director of Planning and Community Development Department shall immediately

take the necessary action to cause a summons to be issued to answer a complaint in the

Manchester District Court. In appropriate cases, the City Solicitor will be requested to bring an

action in equity in the Hillsborough County Superior Court to enjoin the violation. (Rev. 4/21/09)

D. Penalty for violation. Any person who shall violate a provision of this Ordinance or shall fail

to comply with any of the requirements thereof or who shall use, erect, construct, alter, or repair

a building or structure in violation of an approved plan or directive of the Director of Planning

and Community Development Department, or of a permit or certificate issued under the

provisions of this Ordinance, shall be guilty of a violation and shall be subject to a fine not

exceeding five hundred (500) dollars for each offense. Each day that such violation continues

after a notice of “VIOLATION and ORDER” has been issued, constitutes a separate and distinct

offense. Further such violations are subject separately to Chapter 38 of The Code of Ordinances

of the City of Manchester, NH (the issuance of citations and their penalties). (Rev. 4/21/09)

E. Remedy. The imposition of the penalty above prescribed shall not preclude the City Solicitor

from instituting additional proceedings at law to prevent any unlawful action, use or condition or

to restrain, correct or abate such violation.

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Page 16 - 1

ARTICLE 16. AMENDMENTS

16.01 Initiation of a Proposal to Amend the Ordinance

A. Power to Amend

The Board of Mayor and Aldermen may, from time to time, amend, supplement, or repeal the

provisions of this Ordinance. Amendments may be initiated by the Board of Mayor and

Aldermen, the Planning Board, City Administration, or one or more owners of property of the

City of Manchester may initiate amendments

16.02 Requirements for Initiation of an Amendment

A. Proposed Amendments to the Zoning Map

A proposal to amend this Ordinance in a manner which affects a zoning district boundary, or

which would create a new base or overlay district, or which would result in all or part of a zoning

district being reclassified, shall be accompanied by maps, data, and narrative information

describing the location, nature, and purpose of the proposed amendment, as follows:

1. A description of the area for which the amendment is proposed;

2. A statement of the purpose and intent of the proposed amendment;

3. A property tax map showing existing zoning districts and the changes and

modifications as proposed in the amendment;

4. An evaluation of the impact of the proposed amendment within the affected district(s)

and on existing adjacent neighborhoods;

5. A statement of the impact of the proposed amendment on the City’s economy,

environment, municipal services, and municipal facilities;

6. The names, addresses, tax map number and lot number of all abutting property owners

and all properties on the opposite side of the City street; and

7. A non-refundable fee shall be submitted to cover the costs of notification of the public

hearing.

B. Proposed Amendments to the Text of this Ordinance

A proposal to amend the text of this Ordinance, which has no effect on district boundaries or

classifications, shall be accompanied by narrative information describing the nature and purpose

of the proposed amendment, as follows:

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Page 16 - 2

1. A description of the provisions and regulations proposed to be inserted and/or deleted

in the text of this Ordinance;

2. A statement of the purpose and intent of the proposed amendment;

3. A statement of the impact of the proposed amendment on the City’s economy,

environment, municipal services, municipal facilities, and neighborhoods; and

4. Where the proposed amendment introduces a new use into a district in which such use

is not currently authorized, the submission shall include a property tax map showing the

existing zoning districts that will be affected by the amendment.

C. Amendments Initiated by Property Owners

1. In addition to other requirements of this Section, where an amendment is proposed by

a property owner(s), the names, addresses, and telephone numbers of those making the

request, including their agents and representatives shall be provided, and

2. A non-refundable fee shall be submitted to cover the costs of notification of the public

hearing.

16.03 Procedure for Consideration of a Proposed Amendment

A. Decision to Consider an Amendment

Whenever a proposal for an amendment is initiated by any source other than the Board of Mayor

and Aldermen, a decision must first be made by the Board of Mayor and Aldermen whether to

give formal consideration to such an amendment. The Board of Mayor and Aldermen, in their

sole discretion, may summarily deny consideration of any such proposed amendment.

B. Preparation of a Draft Ordinance

The Planning and Community Development Department Department, in consultation with the

City Attorney, shall prepare a draft of an appropriate ordinance for any proposed amendment that

the Board of Mayor and Aldermen agree to formally consider. (Rev. 4/21/09)

C. Setting of a Hearing Date

Upon receipt of a draft ordinance from the Planning and Community Development Department,

the Board of Mayor and Aldermen shall set a date for a public hearing, consistent with the

notification requirements of RSA 675:7. (Rev. 4/21/09)

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Page 16 - 3

D. Referral of the Amendment for Reports

At the same time, the Board of Mayor and Aldermen may refer the proposed amendment to the

Planning Board for a report before or at the public hearing. The Board of Mayor and Aldermen

may also refer the proposed amendment to any other City Department, City Board or

Commission for a report before or at the public hearing. The Board of Mayor and Aldermen

may recess the public hearing, to a specified date, in order to provide sufficient time for review

and comment from any City Department, Board or Commission.

E. Action on the Proposed Amendment

After holding a public hearing and receiving all reports, the Board of Mayor and Aldermen shall

adopt or reject the amendment by a majority vote, except that a favorable vote of two-thirds (2/3)

of the members present shall be required in the event that a protest petition has been filed against

the proposed amendment in accordance with RSA 675:5.

F. Publication of the Amended Ordinance

Upon receipt of a copy of an amendment to the text of the Ordinance, as adopted by the Board of

Mayor and Alderman and certified by the City Clerk, the Planning and Community Development

Department shall cause the text of this Ordinance to be duly revised to reflect the amendment in

all subsequent publications of this Ordinance. (Rev. 4/21/09)

G. Revision of the Zoning Map

Upon receipt of a copy of an amendment to the Zoning Map, as adopted by the Board of Mayor

and Alderman and certified by the City Clerk, the Planning and Community Development

Department shall cause the Zoning Map to be duly revised to reflect the amendment including a

notation of the date that the amendment became effective. A copy of the superseded Zoning Map

shall be retained for the purpose of verification of any non-conformities created by the

amendment. (Rev. 4/21/09)