Adult Businesses | Building Size Limits | Form Based Zoning | Performance Zoning/Flexible Zoning | Spot Zoning | Zoning Amendment Calendars | Zoning Protest Petitions | Zoning Definitions | Zoning Ordinances | Zoning Variances
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.
- Londonderry's Performance Overlay District limits the size of large scale commercial development.
- Stratham has a limit of 80,000 SF in their General Commercial and Commercial/Light Industrial Office districts.
- Walpole has a limit of 40,000 SF in their Commercial District.
- Warner has a maximum gross floor area for Retail and Service buildings of 40,000SF.
- 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 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.
- 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.
- What is a Form-Based Code? from the Londonderry Master Plan, March 6, 2013. (Provided with expressed permission.)
- IUNH Cooperative Extension Form-Based Code Brief
- 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.
- See the results of the Municipal Land Use Regulation Annual Survey for municipalities with Form-Based zoning.
Performance Zoning/Flexible 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
- §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 Protest Petitions
- But Which Do I Need? The Differences between a Special Exception and a Variance, Christopher L. Boldt, Esq., DTC Lawyers, September 23, 2014
- Requirements For Variance Applications - Appendix A from the ZBA Roles and Responsibilities session materials by Christopher L. Boldt, Esq., Donahue, Tucker & Ciandella, PLLC
- 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 of Bartlett v. Manchester)
- 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