Durham Zoning Overview

Durham is a town in Strafford County, New Hampshire, with a population of approximately 16,877 (2020 Census). Durham is home to the University of New Hampshire (UNH), which significantly influences the town's character and development patterns. As a New Hampshire town, Durham operates under a town council form of government. Land use and development are regulated through the town's zoning ordinance, administered by the Durham Planning Department.

Durham's zoning ordinance divides the town into several districts, including three residential zones with varying lot size requirements. The Residence (R) district requires a minimum of 1 acre, the Residence A (RA) district requires 2 acres, and the Residence B (RB) district requires 40,000 square feet. The town also includes a Central Business (C) district, the Church Hill (CI) district, and an Office Research (OR) district.

Key Zoning Districts

Durham's primary residential zoning districts include:

• R (Residence) — Minimum 1-acre lots with 35 ft front, 20 ft side, and 25 ft rear setbacks. Maximum height of 35 ft.
• RA (Residence A) — Minimum 2-acre lots for lower-density residential development. Maximum height of 35 ft.
• RB (Residence B) — Minimum 40,000 sq ft lots providing a medium-density residential option. Maximum height of 35 ft.

Non-residential districts include:

• C (Central Business) — Downtown commercial and mixed-use district
• CI (Church Hill) — Special district preserving the character of the Church Hill neighborhood
• OR (Office Research) — Office, research, and technology-oriented 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 Durham 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 Durham Planning Department for the town's specific ADU application requirements and any local dimensional standards

Building Code

Durham 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 Durham 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 Durham 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 Durham Zoning Board of Adjustment (ZBA).

Key Considerations

Before starting any development project in Durham, 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
• Be aware that the University of New Hampshire campus and surrounding areas may have special development considerations
• 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 Durham Planning Department at (603) 868-8064 for pre-application guidance

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