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Nashua, NH Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Bonus ratio
Set per Table 48-1
Fractional units
Round down unless combined
Off-site/fee-in-lieu units
Do not qualify for bonus
Administered by
Community Development Department
CO condition
None issued until units complete

Summary

Nashua's inclusionary zoning ordinance grants a bonus density ratio for developments that provide required on-site affordable units, letting builders add market-rate units above the base zoning cap in exchange for affordable housing.

Any development that provides required affordable units as outlined in this section is eligible for a bonus density ratio as listed in Table 48-1. This ratio is an additional number of market rate units that may be built in proportion to the total number of on-site required affordable units. Off-site units or fees-in-lieu do not count towards this total.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4805762; v29 updated 2026-02-10; through 02-10-2026).

Full Breakdown

Nashua's Land Use Code ties a density bonus directly to its inclusionary zoning program: any housing development that provides the affordable units required under § 190-48 earns a bonus density ratio set in Table 48-1, an extra number of market-rate units built in proportion to the on-site affordable units provided. Off-site units and fee-in-lieu payments don't count toward the bonus. Fractional bonus units round down unless combined with other fractions to reach a whole unit, and bonus units don't count toward the base unit count used to calculate the inclusionary requirement. The Community Development Department administers the program; the Planning Board approves supporting regulations.

Violations & Fines

No final certificate of occupancy may be issued until the required affordable units or fee-in-lieu payments are complete; developers may not increase market-rate density beyond the bonus ratio without providing the affordable units on-site.

Frequently Asked Questions

How does Nashua's density bonus work?
Developments providing the affordable units required under § 190-48 earn extra market-rate units at the ratio set in Table 48-1, calculated only from on-site affordable units, not off-site units or fee-in-lieu payments.
Can a developer pay a fee instead of building affordable units and still get the density bonus?
No. § 190-48E(2) excludes fee-in-lieu and off-site units from the bonus calculation: only on-site affordable units count toward the bonus density ratio.

Sources & Official References

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