The Transit-Oriented Development District encourages a mixture of residential, commercial, and
employment opportunities within identified commuter rail station areas or other high capacity transit areas This Section promotes transit supportive development, ensure access to transit, and to limit conflicts between vehicles and pedestrians and transit operations and allows for a more intense and efficient use of land at increased densities for the mutual re-enforcement of public investments and private development.
Uses and development are regulated to create a more intense built-up environment, oriented to pedestrians, to provide a density and intensity that is transit supportive. The development standards encourage a safe and pleasant pedestrian environment near transit stations by encouraging an intensive area of shops and activities, by encouraging amenities such as benches, kiosks, and outdoor cafes, and by limiting conflicts between vehicles and pedestrians. A TOD is restricted to areas within one-half (½) of a mile of an existing or planned transit station, which area is equivalent to a 10-minute walking distance.
This section implements the following Master Plan recommendations:
• Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself.
• Encourage increasing residential and employment densities as in-fill in established
neighborhoods to increase transit ridership, particularly in downtown areas with access to the forthcoming Broad Street Parkway.
• A “planned” transit station is a station proposed for development that meets the following criteria: (a) A site plan/design of sufficient detail to accurately describe the location, size, and type of the facility and any support facilities has been prepared and is on file in the appropriate city or state department, agency or office; (b) Not less than 50% of the estimated funding necessary to develop the Transit Station has been appropriated, earmarked or otherwise secured for the project, and (c) The Transit Station is included in the state’s 10-year Transportation Improvement Plan, the City’s Capital Improvements Program, or other similar state or city funding plan or program.
Article III, Zoning Land Use Code • City Of Nashua, New Hampshire Division 4, Special Districts
(a) Applicability
The provisions of this section apply to any Use or Development located within a Transit-Oriented Development (“TOD”) District.
(b) Processing Procedures
Development consistent with the regulations established herein may occur as of right in any Transit Oriented Development District, subject to the locational restrictions of subsection (d), below.
(c) Locational Criteria
The Board of Aldermen, upon recommendation by the Planning Board as provided in section 16-431, shall define the area where it finds that land area will support transit usage because of the nature of existing or proposed development, street system, public transportation to the Transit Station, or other relevant factors.
(d) Uses and Density
Purpose and Findings: Because most transit users will walk only one-quarter to one-half of a mile to a transit facility, transit influence areas require high densities on small areas of land. The City therefore finds and determines that uses inconsistent with transit will undermine the most efficient use of limited land areas within a TOD, and may render the transit system unworkable. Accordingly, the uses permitted within the TOD District are those which are dependent upon, or which may generate, a relatively high level of transit usage. Uses that would interfere with transit usage and which generate few transit trips are not permitted. Further, the City finds and determines that minimum levels of density as set forth in Table 46-1 are required to support transit ridership, and that lower levels of density will not support transit ridership and will create unacceptable levels of vehicular congestion.
(1) Any uses permitted in the “R-C” or “D” zoning districts are permitted in the “TOD”
district. In addition, research and development offices are permitted as a conditional use.
(Use Matrix, § 16-26, Table 26-1 of this Chapter).
(2) Site plan suitability report
Within the TODs, all site plans submitted to the Planning Board for approval in accordance with this Section shall be accompanied by a site plan suitability report, including
appropriate studies, drawings, plans and illustrations, which shall address the following relevant factors:
A. Analysis of the ability of the proposed use and existing uses to coexist and the potential impacts that proposed and existing adjoining and surrounding uses and buildings may have upon one another.
B. Analysis of any impacts on significant natural, architectural, visual or aesthetic qualities of the surrounding environment.
C. Analysis of the health and safety impacts on customers, residents, employees and the general downtown and inner city population.
D. Analysis of economic or property value impacts.
E. Analysis of traffic and parking impacts.
F. Analysis of the adequacy of existing municipal facilities and services.
G. The consistency of the site plan with the TOD objectives and guidelines established by this Section, the master plan and sound planning and development principles.
Division 4, Special Districts
Prior to the preparation and submission of a site plan and site plan suitability report, the applicant shall hold preliminary review sessions with the planning department and/or Planning Board to solicit their comments and recommendations.
(3) The requested base densities, in terms of number of units per gross residential acre and total number of dwelling units shall be set forth in the application for rezoning or site plan approval. The Application shall comply with Table 46-1, below. . The density for the particular use shall be at least the amount set forth in Column (B) for residential uses, and shall not exceed the amount shown in Column (C). The floor area ratio (FAR) for the particular use shall be at least the amount set forth in Column (D) and shall not exceed the amount shown in Column (E).
Table 46-1 Dimensional Standards, "TOD" District
(A) (B) (C) (D) (E)
Location/Size Minimum
Density
Maximum Density
Minimum FAR
Maximum FAR
TOD 16 40 2.5 6.0
(e) Modification of dimensional, density and other regulations
The Planning Board, in determining the acceptability of proposed site plans within mixed use districts, shall have the authority to modify the dimensional, density and other regulations of the underlying districts in accordance with section (g) below.
The authority granted to the Planning Board by this section shall apply to all uses contained within or approved as a part of a development submitted in accordance with the provisions of this Section.
(f) Guidelines for site plan evaluation
The following TOD guidelines are an extension of the enabling purpose and objectives of this Section. The guidelines are intended to provide the Planning Board with the criteria to evaluate site plans and site plan suitability reports required by subsection (e), above, and to determine whether a site plan submitted under this Section should be approved, approved with conditions, or denied. In approving any site plan under the provisions of this Section, the Planning Board may modify or waive any of the criteria below, or require in a reasonable manner as a condition of approval any and all specific treatments of the criteria listed in this section as it deems necessary to meet the purpose of this section as set forth in the purpose statement above.
(1) Dimensional and density requirements
The base dimensional and density requirements of the underlying zone shall apply to proposed uses allowed within projects submitted in accordance with this Section. The Planning Board may vary the dimensional requirements of the underlying zone subject to a report by the planning director in consultation with the code and fire departments. The specific per-unit lot area requirement for developments incorporating residential uses shall be removed. Residential uses may be included within the allotted floor area without
Article III, Zoning Land Use Code • City Of Nashua, New Hampshire Division 4, Special Districts
limitation per se on the total number of units per acre. The purpose of this section is to provide additional design flexibility, and is subject to the Planning Board's finding that the development adequately addresses and satisfies the requirements of this Section. The underlying zone shall be utilized for purposes of calculating allowed densities of development appropriate for the area.
(2) Building and site design:
A. Proposed building massing, proportions, spacing, scale, setbacks, orientation, facade treatment, height and roof lines should be integrated and compatible with surrounding area.
B. Exterior building and paving materials and details shall be of a composition, scale and form compatible with the site and building environment.
C. Buildings should be designed in context with clusters of buildings that present a distinct or unified architectural pattern and scale.
D. Buildings shall be oriented to enhance, maintain and protect unique or significant internal and external view corridors and vistas.
(3) Building rehabilitation:
A. The removal, covering or alteration of significant architectural features shall be avoided unless shown to be economically unfeasible and the architectural and aesthetic characteristics of the building and its compatibility with surroundings can be preserved in some other way.
B. Building design, materials and details shall be replicated where feasible.
C. Replacement elements and features, where replication or reapplication is not feasible, shall be in harmony with the scale, design, texture and composition of original building elements.
D. The Planning Board may require the state Historic Preservation Office or the Nashua Historic District Commission to review and report on plans for buildings within either National Register or local historic districts.
(4) Circulation:
A. Vehicular and pedestrian facilities shall be designed to serve both existing and proposed buildings and provide for safe, unified and efficient access pattern that is coordinated with existing and planned roads and sidewalks. Vehicular and pedestrian access improvements shall be reviewed by the city traffic engineer.
B. Adequate access for safety, fire and emergency vehicles shall be available and approved by the fire department.
C. Provisions for public transit connections and stops should be provided where deemed necessary and appropriate by the public transit agency.
(5) Parking:
A. Adequate off-street parking shall be available within one thousand (1,000) feet of a TOD and a suitable parking location and management plan shall be
Division 4, Special Districts established that will not adversely impact off-site circulation conditions and parking availability.
B. A minimum of one (1) off-street parking space shall be provided for each dwelling unit. Parking regulations defined by §16-588 shall apply to all other nonresidential uses permitted within the TOD except where modified by this Section or following review and report from the planning director in consultation with the traffic engineer.
C. Off-street loading regulations defined by §16-589 of this Chapter for all uses permitted within the TOD.
D. Landscaping and screening shall be provided in conformance with Article V, Division 7 as a means to break up the visual monotony and impervious surface area of parking facilities.
(6) Open space; landscaping:
A. Landscape plans shall conform to Article V, Division 7.
B. Any Nashua and Merrimack riverfront open space present shall be retained and expanded. Public and private visual and physical access to riverfront open space shall be made available. All open space and landscape plans should be
consistent with the city's Central Nashua Riverfront Plan if applicable.
C. Open space and landscaping shall be incorporated and, where practical, provide visual and physical links to parks, plazas, squares and Main Street.
D. Open space and landscaping shall be provided to accentuate points of access and pedestrian activity.
(7) Lighting:
A. Lighting sources shall be of an appropriate design and located at strategic locations to provide a safe environment and to accentuate important points of activity, access and building features of landmark proportions and details.
B. Lighting sources shall be adequately shielded to avoid glare.
C. All new construction and rehabilitation projects shall conform to city minimum lighting standards.
(8) Signage:
A. All rooftop signs and billboards are not permitted as part of site plans for uses permitted by subsection (b) unless approved by the Planning Board following review and report by the zoning administrator.
B. All signs shall conform to Article III, Division 9 (Sign Regulations) of this chapter, except as modified by this section.
C. Thematic or display banners incorporated as part of new construction and rehabilitation projects may be introduced if they are of a suitable size, color and graphic design to enhance the site and building environment and assist in enlivening and defining a building or space.
Article III, Zoning Land Use Code • City Of Nashua, New Hampshire Division 4, Special Districts
D. All directional and advertising signs shall conform to Article III, Division 9 of this Chapter and shall be of a scale, color and materials consistent with the building, property and surrounding environment.
(g) Adequate Public Facilities
The Adequate Public Facilities Standards, Article V, Division 3 of this Chapter, shall not apply to any application for site plan approval within a TOD.
(h) Lot Arrangement and Dimensions The front setback shall be established as follows:
(1) Minimum front setback: 0 feet from the edge of the sidewalk. A minimum setback of five (5) feet from the property line shall be required where street tree planting is required pursuant to Article V, Division 7 of this Chapter.
(2) Maximum front setback: 15 feet.