Derry Zoning Overview

Derry is a town in Rockingham County, New Hampshire, with a population of approximately 33,981 (2020 Census). Derry operates under a town council form of government. Land use and development are regulated through the town's zoning ordinance, administered by the Derry Planning Department.

Derry's zoning ordinance divides the town into several districts, including residential zones that range from the low-density LMDR district (half-acre minimum lots) to the higher-density HDR district for multi-family housing. The town also includes General Commercial (GC) and Industrial (I) districts.

Key Zoning Districts

Derry's primary residential zoning districts include:

• LMDR (Low-Medium Density Residential) — Minimum 1/2-acre lots with 30 ft front, 15 ft side, and 25 ft rear setbacks. Maximum height of 35 ft.
• MDR (Medium Density Residential) — Minimum 15,000 sq ft lots with 25 ft front, 10 ft side, and 20 ft rear setbacks. Maximum height of 35 ft.
• HDR (High Density Residential) — Higher-density residential zone allowing multi-family housing with standards that vary based on project type.

Non-residential districts include:

• GC (General Commercial) — Retail, office, and service uses
• I (Industrial) — Manufacturing, warehousing, and related industrial uses

ADU Regulations (Accessory Dwelling Units)

New Hampshire state law (RSA 674:72-73) requires all municipalities to allow ADUs (Accessory Dwelling Units) as a matter of right on any property with a single-family dwelling. This is a state mandate that Derry must comply with. Key points:

• One ADU is permitted per single-family lot
• The ADU may be attached to or detached from the primary dwelling (subject to local standards)
• Municipalities cannot prohibit ADUs but may adopt reasonable regulations regarding size, parking, and other dimensional standards
• Contact the Derry Planning Department for the town's specific ADU application requirements and any local dimensional standards

Building Code

Derry follows the NH State Building Code (RSA 155-A), which is based on the International Building Code (IBC) and International Residential Code (IRC). All construction must comply with the state building code.

Development Process

Development in Derry generally requires obtaining the appropriate permits from the town's planning and building departments. The process typically involves:

1. Zoning Verification — Confirm that your proposed use is permitted in the applicable zoning district
2. Planning Board Review — For subdivisions, site plans, and certain other projects, submit an application to the Derry Planning Board
3. Building Permit — Apply for a building permit with construction documents
4. Inspections — Schedule required inspections during construction
5. Certificate of Occupancy — Obtain final approval before occupying the structure

For projects that do not conform to existing zoning, property owners may need to seek a variance or special exception from the Derry Zoning Board of Adjustment (ZBA).

Key Considerations

Before starting any development project in Derry, property owners should:

• Verify the zoning classification of their property
• Review setback, height, and lot coverage requirements for the applicable district
• Check for any overlay districts or special regulations
• Determine if the property is in a flood zone using FEMA's flood map service
• Confirm whether HOA covenants or deed restrictions apply
• Contact the Derry Planning Department at (603) 432-6100 for pre-application guidance

Disclaimer: This guide provides general information about zoning in Derry, NH and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with the Derry Planning Department before making development decisions.