Zoning

Adult Businesses

See the results of the Municipal Land Use Regulation Annual Survey for towns with Adult Business regulations

Building Size Limits

Big Box Tool Kit - Where To Start: How To Stop A Big Box
by Stacy Mitchell, Institute for Local Self-Reliance, December 23, 2011
Examples of local regulations (check with each community for the most current regulation)
- Hollis limits commercial building size to 12,000 SF in its "downtown" Agricultural and Business District
- Hopkinton approved a limitation of 40,000 SF in its Industrial Zone, and 20,000 sf in the Village Industrial Zone in 2005.
- Londonderry's Performance Overlay District limits the size of large scale commercial development in section 2.6.1.7.2 Commercial Building Size Standards
- Stratham has a limit of 80,000 SF in their General Commercial and Commercial/Light Industrial Office districts in Article IV, Section 4.2 Table of Dimensional Requirements in the zoning ordinance
- Walpole has a limit of 40,000 SF in their Commercial District in Article VI of the zoning ordinance
- Warner has a maximum gross floor area for Retail and Service buildings of 40,000 s.f. in Article XI Commercial District of the zoning ordinance
- Windham has a commercial building size limit of 10,000 square feet in their Village Center Zoning District
Meeting the Big Box Challenge - Planning Design, and Regulatory Strategies, Planner's Advisory Service Report #537, APA Planners Book Service

Form-Based Zoning

See the results of the Municipal Land Use Regulation Annual Survey for municipalities with Form-Based zoning.
Form First - The New Urbanist alternative to conventional zoning Planning magazine, November 2004, APA
Form-Based Codes Institute
This website has been created by FBCI, an alliance of form-based coding practitioners recently convened to set standards for and disseminate information about the technique.
- What Are Form-Based Codes?
Form-Based Development Regulation: Promise and Practice
Geoffrey Ferrell - Ferrell Madden Lewis (APA-Utah Chapter webcast, April 2, 2010)
- Go to the Utah Chapter of APA webcast archive and scroll down to find the webcast or go directly to the Form-Based Development Regulation: Promise and Practice webcast file (Right click to download or follow the link to automatically open in Windows Media Player. 128MB file.)
- Form-Based Development Regulation: Promise and Practice PDF file
Sustainability in Land Use Planning: Development Rating Systems and Regulatory Approaches
Sponsored by the Connecticut Chapter of APA, May 27, 2010
- Go to the Utah Chapter of APA webcast archive and scroll down to find the webcast or go directly to the Sustainability in Land Use Planning: Development Rating Systems and Regulatory Approaches webcast archive file (Right click to download or follow the link to automatically open in Windows Media Player. 64MB file.)
- Sustainability in Land Use Planning: Development Rating Systems and Regulatory Approaches PDF file
On December 9, 2009, the City of Dover adopted a Form-Based Code for the Downtown Area.
A description of the implementation of Dover's form-based code from Innovative Land Use Controls: Reexamining Your Zoning Ordinance, NHMA Law Lecture #3, Fall 2012.
Stratham Gateway Business Commercial District
In March 2010, the Town of Stratham, New Hampshire became the second community in the state to adopt a zoning ordinance based on the principals of form-based code. In 2009, the City of Dover adopted a form-based code ordinance to guide redevelopment in their downtown district. Both communities adopted their form based code ordinances as authorized under RSA 674:21 II Innovative Land Use Controls and RSA 674:16 Grant of Power.
What is a Form-Based Code? from the Londonderry Master Plan, March 6, 2013. (Provided with expressed permission.)
Form-Based Codes NRPC fact sheet #3 (see more fact sheets from NRPC)
Information Briefs from UNH Cooperative Extension
- Form-Based Code
SmartCode Central
The SmartCode is a model, open-source transect-based planning and zoning document based on environmental analysis. It addresses all scales of planning, from the region to the community to the block and building. The template is intended for local calibration to your town or neighborhood. As a form-based code, the SmartCode keeps settlements compact and rural lands open, literally reforming the sprawling patterns of separated-use zoning.

Performance Zoning/Flexible Zoning

Performance Zoning NRPC fact sheet #34 (see more fact sheets from NRPC)
Article VIII Performance Zoning District, Town of Bedford
16-38 Flexible Use District, City of Nashua
West Elm Street Gateway District Design Guidelines - NRPC
These standards are tools that create a flexible framework, guiding the appearance of future
development compatible to the historic nature of Milford, while allowing for innovation and
architectural creativity in order to create a special place.

Spot Zoning

Understanding Spot Zoning by Robert C. Widner, Esq., Planning Commissioners Journal, Issue 13, Winter 1994
Definitions from A Planners Dictionary, PAS 521/522, Planners Advisory Service, APA
- Spot Zoning
- Floating Zone
§2.12 Spot Zoning - from New Hampshire Practice, Vol. 15, Land Use Planning and Zoning, Fourth Edition, Atty. Peter J. Loughlin
A Word About Spot Zoning
Spot zoning is used by many people to describe many different zoning actions. Often, this phrase is improperly used to frighten municipalities away from land use controls that would have a positive impact upon the community if implemented.

Zoning Amendment Calendars

2023
- Traditional Town Meeting
  - Traditional - March
  - Traditional - May
- Official Ballot ("SB2") Town Meeting

Zoning Protest Petitions

§ 5.10 Zoning Protest Petitions - from New Hampshire Practice, Vol. 15, Land Use Planning and Zoning, Fourth Edition, Atty. Peter J. Loughlin
- Form 6 - Petitioned Zoning Amendment - from 15 New Hampshire Practice: Land Use Planning and Zoning, Appendix of Forms, Form 6 (LexisNexis Matthew Bender)
- Form 7 - Diagram of Protest Petition Areas
- Form 8 - Zoning Protest Petition Pursuant to RSA 675:5
- Form 9 - Notice of Receipt of Zoning Protest Petition

Zoning Definitions

PAS report #521/522 A Planners Dictionary. Michael Davidson and Fay Dolnick (eds). 2004. 460pp. available from APA's PlanningBooks.com
William Batchelder & a. v. Town of Plymouth Zoning Board of Adjustment
Argued: January 20, 2010 Opinion Issued: May 7, 2010
- When a term is not defined in a zoning ordinance, the plain language of the ordinance and common definition of the term will be used to interpret its meaning. (NHMA summary)

Zoning Ordinances

The Board of Adjustment in New Hampshire - A Handbook for Local Officials
Adoption/amendment
- In towns not operating under the town council form of government, RSA 675:3, I authorizes the planning board or board of selectmen to propose amendments.
- In cities and towns operating under the town council form of government, RSA 675:2, I authorizes the local legislative body to determine the manner in which a zoning ordinance is established and amended.
- RSA 675:4 authorizes amendments by citizen petition.
See the results of the Municipal Land Use Regulation Annual Survey for municipalities with Zoning Ordinances.
- List of Municipalities without Zoning
- Map showing municipalities without a comprehensive zoning ordinance and those with "single purpose" floodplain or telecommunication ordinances
Complete List of Village Districts in NH

Village Districts with Zoning Ordinances
Village District	Town	RPC	Adoption Date
Haverhill Corner Precinct	Haverhill	NCC	2/27/89
Hopkinton Village Precinct	Hopkinton	CNHRPC	2/29/60
Kearsarge Lighting Precinct	Conway	NCC	2/13/73
Little Boar's Head	North Hampton	RPC	9/7/37
Lower Bartlett Water Precinct	Bartlett	NCC	4/1/80
Mountain Lakes Village District	Haverhill	NCC	3/16/96
North Walpole Village District	Walpole	SwRPC	10/6/36
Rye Beach Village District	Rye	RPC	9/24/37
Seabrook Beach Village District	Seabrook	RPC	3/30/77

"Permissive" v. "Prohibitory" Zoning Ordinances
Constitutionality of Zoning (From a Plan-link posting and reply ["ZBA Question"], February 2011)

Zoning Variances

But Which Do I Need? The Differences between a Special Exception and a Variance, Christopher L. Boldt, Esq., DTC Lawyers, September 23, 2014
Now that Fall has arrived in earnest, many homeowners are rushing to complete those home improvement projects before the snow flies. But beware: you may not be able to place that new deck or patio exactly where you'd like it. Homeowners have a responsibility under NH law to comply with existing Zoning regulations in their Towns; and all but eleven or so municipalities in NH have Zoning Ordinances, which will govern such things as setbacks from front, side and rear property lines and wetlands for structures such as new homes, additions, decks, patios and even garden or wood sheds. The claim of "but I didn't know" seldom succeeds before a Zoning Board of Adjustment ("ZBA").
Requirements For Variance Applications - Appendix A from the ZBA Roles and Responsibilities session materials by Christopher L. Boldt, Esq., Donahue, Tucker & Ciandella, PLLC presented at the Spring 2015 Planning and Zoning Conference
674:33, I (b)(1) The variance will not be contrary to the public interest.
The statute should not be read to imply an applicant must meet any burden higher than required by statute (i.e., there must be a demonstrated public benefit if the variance were to be granted) but merely must show that there will be no harm (i.e., "will not be contrary") to the public interest if granted. (See Gray v. Seidel, 143 N.H. 327 [February 8, 1999])
Stephen Bartlett & a. v. City of Manchester
Argued: January 10, 2013 Opinion Issued: February 25, 2013
(Determining if a project needs a variance or if it is a lawful accessory use, develop a full and clear record.)
- Applicant for a Variance Need Not Affirmatively Plead the Threshold Question of Whether Variance Is Necessary; Trial Court Must Consider It when Ruling on Variance Issues (NHMA summary)
- BARTLETT v. CITY OF MANCHESTER, 164 NH 634 (2013) (No good deed goes unpunished)
  From 2014 Municipal Law Lecture Series Lecture #1 - The Zoning Board of Adjustment in New Hampshire, Part Two - The ZBA - Defender of the Constitution by Anna Barbara Hantz, Esq., Sheehan Phinney Bass & Green
NHPA Spring Workshop, April 29, 2013
- Zoning Variances 2013 - Presented by H. Benard Waugh, Jr., Esq. & Joshua M. Pantesco, Esq.
- Requirements for Variance Applications (Filed on or after 1-1-2010) - Presented by Christopher L. Boldt, Esq.
See Variances in Chapter II, Powers and Duties of The Zoning Board of Adjustment, from The Board of Adjustment in New Hampshire - A Handbook for Local Officials
The Five Variance Criteria in the 21st Century , Municipal Law Lecture Series, 2009, by Attorney Cordell A. Johnston, New Hampshire Local Government Center and Attorney Christopher L. Boldt, Donahue, Tucker & Ciandella, PLLC (Provided with expressed permission.)
Can a variance be approved with conditions?
§ 24.05 Variance Runs With Land
§ 24.23 Variance to Accommodate the Disabled
If the last day to file a Motion for Rehearing falls on a Saturday, does it have to be filed the day before (Friday) or can it be filed on Monday?