Nashua Land Use Code Sec. 190-20 (Article VI Supplemental Use Regulations) permits home occupations in residential districts in two tiers. A Minor Home Occupation allows no nonresident employees and up to 20 percent of dwelling floor area or 200 sq ft (whichever is less), reviewed administratively by the Administrative Officer. A Major Home Occupation allows 1 nonresident employee and up to 30 percent of floor area or 300 sq ft (whichever is less), except child day care which may use up to 420 sq ft, and requires Zoning Board of Adjustment approval as a special exception.
Nashua Revised Ordinances Chapter 190 (Land Use Code, adopted by the Board of Aldermen 11-9-2005), Sec. 190-20 governs Home Occupations as a supplemental use regulation. A home occupation must be an accessory use of a residence for business purposes clearly incidental to the principal residential use, and may not significantly change the residential character or function of the property such that the use would be objectionable to other residential uses in the neighborhood. The use must be carried on entirely within the principal building (no detached business in a garage or shed except as expressly authorized). Minor Home Occupation standards: (a) no nonresident employees on the premises; (b) no more than 20 percent of the dwelling's existing gross floor area, or 200 sq ft, whichever is less; (c) no outdoor display, storage, or commercial vehicle parking; (d) no detectable noise, odor, vibration, glare, or smoke off-premises; (e) Administrative Officer issues a Certificate of Use and Occupancy on a finding of compliance. Major Home Occupation standards: (a) no more than 1 nonresident employee; (b) no more than 30 percent of gross floor area or 300 sq ft, whichever is less (child day-care facilities may use up to 420 sq ft); (c) the use generally requires a Special Exception from the Zoning Board of Adjustment under Sec. 190-180 and Article XV procedures. Both tiers prohibit the on-premises sale of merchandise not produced on-site. Nashua's residential districts where home occupations are addressed include R-40, R-30, R-18, R-9, R-A, R-B, and R-C (low- to high-density residential), plus the higher-intensity Urban Residence and General Business districts. New Hampshire does not preempt municipal home-occupation regulation — RSA 674:17 (zoning enabling) leaves the local home-occupation framework to each city.
Operating a home occupation without the required Minor permit or Major Special Exception is a violation of Sec. 190-20 enforceable by the Administrative Officer under Sec. 190-15 and Article XV. Remedies include a cease-and-desist order, civil penalties under NH RSA 676:17 of up to $275 per day for the first offense and $550 per day for subsequent offenses, and equitable relief in Hillsborough County Superior Court.
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