The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or structure shall mean a detached building or structure which does not contain an accessory dwelling unit and which is located on the same lot as the use to which it is incidental and subordinate to that of the main building, structure or use of the land.

Accessory dwelling unit (ADU) shall mean a residential living unit that is within or attached to an owner-occupied single-family dwelling unit, or that is in a detached building or structure on the same lot, that is not "manufactured housing" as defined by RSA 205-A or a mobile home, and that provides independent living facilities for one (1) or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.

Accessory use shall mean a land use other than an accessory dwelling unit located on the same lot that is incidental, subordinate and bears a reasonable relationship to the primary use.

Alteration shall mean, as applied to a building or structure, a change or rearrangement in the structural parts or in exit facilities, or an enlargement on a side or by increasing the height.

Area of special flood hazard shall mean the land in the floodplain within the city subject to a one (1) percent or greater chance of flooding in any given year. The area is designated as zones A and AE on the flood insurance rate map (FIRM).

Base flood shall mean the flood having a one (1) percent chance of being equaled or exceeded in any given year.

Basement shall mean any area of a building having its floor subgrade on all sides.

Bed and breakfast shall mean an owner-occupied, residential dwelling where short-term (thirty (30) days or less) guest lodging rooms and meals are provided for compensation. Each bed and breakfast must have no more than ten (10) guest lodging rooms.

Boarding house shall mean a residential building, other than a bed and breakfast, motel, inn or other lodging in which rooms are rented or otherwise made available for compensation to more than two (2) but no more than eight (8) unrelated individuals and where such rooms do not contain separate cooking or bathroom facilities.

Building shall mean any structure intended for supporting or sheltering any use or occupancy.

Building height shall mean the vertical distance from the grade plane to the average height of the highest roof surface. Chimneys, spires, towers and other necessary accessory features required above roofs not designed or intended for occupancy shall not be included in determining building height.

Building inspector shall mean the administrative official authorized by the city manager to administer and enforce the city building codes.

Building line shall mean the line parallel to the front lot line and at a distance not less than the required setback measured between the side lot lines through the building, structure or construction site.

Campground shall mean a parcel of land with specific sites, either with or without water, electricity or sewage hookups, with provision for the pitching of tents or the parking of any recreational vehicle or trailer designed to be used as sleeping quarters on a temporary or seasonal basis.

Child care facilities shall mean child day care, a child day care agency, family day care, family group day care, a groupchild day care center, a day care nursery, a preschool program and a school age program as defined by RSA 170-E:2, as may be amended.

Clubs shall mean an establishment operated for social, recreational or educational purposes, but open to members and not the general public.

Conditional use shall mean a use that is permitted only upon the approval of the planning board and resulting issuance of conditional use permit meeting the requirements as set forth in sections 22-100 and 22-101.

Construction and demolition debris means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid, metals or waste.

Cottage shall mean a detached owner-occupied one-family dwelling unit with a maximum gross living area of one thousand square feet (1,000 square feet) and a maximum footprint of one thousand square feet (1,000 square feet). Porches are to be included in the calculation of maximum footprint. Spaces with a ceiling height of six (6) feet or less measured to the exterior walls, such as in a second-floor area under the slope of the roof, shall be excluded when calculating the total floor area of a cottage. Cottages may also be attached horizontally in blocks of no more than three (3) units.

Cottage development shall mean a development on a single lot having shared open space intended to serve cottages that interact together as a small community.

Development shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures thereon, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Duplex shall mean a single residential structure containing two (2) dwelling units or two (2) dwelling units which are separated by a common wall, no part of which consists of manufactured housing as defined herein, neither of which dwelling unit is accessory, incidental, or subordinate to the other, and which dwelling units may be separately owned. A duplex by definition is not an accessory dwelling unit.

Dwelling shall mean a building designed or used exclusively as the living quarters for one (1) or more families.

Dwelling, multifamily, shall mean a residential building designed for, or occupied by, three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling unit shall mean a building or part of a building providing complete residential housekeeping facilities for one (1) family.

Dwelling unit, single-family, shall mean a residential building which provides complete housekeeping facilities for one (1) family which contains a minimum of five hundred fifty (550) square feet of area, and which may also contain an accessory dwelling unit.

Efficiency apartment shall mean a dwelling unit comprised of one (1) living area with kitchenette or separate kitchen and bathroom, with no separate room allocated for bedroom use.

Family shall mean any number of individuals living together as a single residential housekeeping unit occupying a dwelling unit, including foster families living as a family under RSA 170-E:25, provided that a group of not more than five (5) individuals not necessarily related by blood, marriage, fostering or adoption may be considered a family.

Family daycare home. See "child care facilities."

Family group daycare home. See "child care facilities."

FEMA shall mean the Federal Emergency Management Agency.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters and/or

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood boundary and floodway map shall mean the flood insurance rate map (FIRM) for the City of Claremont.

Flood elevation study shall mean an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards and which provides the basis for the flood insurance rate map (FIRM).

Flood insurance rate map (FIRM) shall mean the official map on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study. See "flood elevation study."

Floodplain or flood-prone area shall mean any land area susceptible to being inundated by water from flooding any source (see definition of "flooding").

Floodproofed shall mean structures which have been constructed watertight with walls impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydromatic loads and effects of buoyancy and as may be further defined by chapter 5 of this Code and RSA 155-A:1, as may be amended.

Floodproofing shall mean a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sewage facilities, structures, and contents of buildings in flood hazard areas and as may be further defined by chapter 5 of this Code and RSA 155-A:1, as amended.

Floodway shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Foster family home and foster family group home shall mean a facility as defined by RSA 170-E:25, as may be amended.

Frontage shall mean the linear distance measured along a lot line having a common boundary with a city class II, IV or V street, state highway, or street approved by the planning board as part of a subdivision plat. Where there is frontage along more than one (1) such common boundary, frontage shall mean only one (1) of the common boundaries.

Grade plane shall mean a reference plan representing the average of finished ground level adjoining a building at its exterior walls.

Group child care centers. See "child care facilities."

Group home. See "child care facilities."

Hazardous materials shall mean those substances or materials in such quantity and form which may pose an unreasonable risk to health, safety or property when transported in commerce by all modes, which may include, but are not limited to, explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials and compressed gases, which are listed by the Materials Transportation Bureau of the United States Department of Transportation, 29 CFR Title 49, as amended.

Hazardous waste means asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks. It shall also include all substances defined as or determined to be hazardous waste pursuant to RSA 147-A:2VII.

Historic structure shall mean any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home office shall mean a business, profession or occupation, or the administrative functions of a business located elsewhere conducted within a residential building by residents of the dwelling; such an office having no on-site employees not resident in the building but allowing incidental visiting customers and occasional deliveries.

Home occupation shall mean any business, profession or occupation which is conducted at a residential property, and for which a client or customer comes to the property for ordering or receiving advice, a product, a repair or service, or which receives or sends deliveries in any vehicle of more than two (2) axles.

A home occupation shall be conducted entirely within a dwelling or within an accessory building to a dwelling by the owner and must be incidental and subordinate to the residential use of the building by the owner, and may have not more than two (2) persons who are not residents of the premises. Such use must not change the residential character of the dwelling or the property, and must create no nuisance, odor, noise, glare, vibration noticeable off premises, or safety hazard. There shall be neither outside storage of materials nor display of stock in trade. A home occupation may not occupy an area equivalent to a maximum of greater than twenty (20) percent of the usable square foot area of the residential building. On premises retail sales are not permitted except those that are incidental and accessory to the home occupation, such as hair care products by a beauty salon. Off-premises retail sales, such as over the internet, are permitted. A home occupation relates to the activity of a specific occupant and does not run with the land.

Hotel shall mean a building in which the primary use is lodging on a temporary basis for compensation and where access to the sleeping room is primarily through an inside lobby supervised by a person in charge at all hours and incidental hotel services are provided.

Junk, junkyard, junk motor vehicle dealer, automobile recycling yard, machinery junkyard, motor vehicle junkyard and motor vehicle recycling yard shall have the meanings as defined by chapter 8, article VI of this Code and RSA 236:112, as may be amended.

Lot shall mean a parcel of land occupied or capable of being occupied by one (1) building or use, and any buildings or uses accessory thereto, including such open spaces and yards at least sufficient to meet dimensional requirements as are required by this chapter.

Lot area shall mean the area enclosed by property lines of adjoining owners and/or by established highway lines or by a street approved by the planning board as part of a subdivision plat.

Lot coverage shall mean the area of a lot occupied by the principal buildings or structures, and accessory buildings or structures, and expressed as a percent of the lot area.

Lot line shall mean property lines bounding a lot.

Lot width shall mean the distance between the side lines measured in a straight line at right angles to the mean direction of such side lot lines, which line of measurement shall be parallel to the front lot line at the front yard depth required by these regulations.

Lowest floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

Manufactured home, for the purpose of floodplain management and [in] addition to the definition of "manufactured housing," shall mean a structure, transportable in one (1) or more sections, which is built on a permanent chassis and which is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain management purposes, the term "manufactured home" includes such vehicles placed on site for greater that one hundred eighty (180) consecutive days. This includes manufactured homes located in a manufactured home park or subdivision.

Manufactured home park or subdivision, in addition to the definition of "manufactured housing park" in RSA 205-A:1, means a parcel (or contiguous parcels) of land divided into two (2) of more manufactured home lots for rent or sale.

Manufactured housing, in addition to the definition of "manufactured housing park" in RSA 205-A:1, shall mean any structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or, when erected on site, is five hundred fifty (550) square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein. Manufactured housing shall not include presite built housing as defined in RSA 674:31-a. All manufactured housing must bear a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards, 1976, as amended, and the International Building Code, latest adopted edition for the foundation.

Mean sea level shall mean the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's flood insurance rate map are referenced.

Mixed uses shall mean a mix of different permitted uses within a single building.

Modular building shall mean any building of closed construction which is made or assembled in manufacturing facilities off the building site for installation, or assembly and installation, on the building site. "Modular building" does not include any structure labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, as amended, nor shall it include single-wide structures under seven hundred fifty (750) square feet unless intended for residential or classroom use, nor shall it include any recreational vehicle or park trailer as defined by the American National Standards Institute, nor any building type not subject to the requirements of the most recent edition of the applicable model building code. Modular buildings must meet all requirements of RSA 205-C:2 and any applicable regulations, as may be amended.

Motel shall mean a building providing lodging for persons, with or without meals, on a temporary basis for compensation and so designed that access to the rooms is primarily from the out-of-doors or individually from interior corridors. Motel shall also include "motor hotel" and "motor inn."

Neighborhood shall mean a grouping of buildings with a clearly evident relationship to one another than to the other parts of the community.

Neighborhood commercial shall mean a small-scale retail or personal service use that is intended to serve the surrounding neighborhoods.

New construction shall mean, in addition to the provisions of article V [chapter 5] of the Claremont City Code, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the city and includes any subsequent improvements to such structures.

Nonconforming use shall mean any use of land or buildings which is not permitted by any provisions of the zoning ordinance for the district in which such use is conducted but which was legally in existence at the effective date of any provision of this chapter, or any amendment thereto.

Nonconforming building shall mean a structure or any part thereof not in compliance with the zoning ordinance covering building size, dimensions, height, area, yards, density or other such regulation where such structure conformed to all applicable laws, ordinances, and regulations as of the effective date of this chapter, or any amendment thereto.

One-hundred-year flood (100-year flood). See "base flood."

Ordinary high water mark shall mean the highest point on the bank of the floodplain of a watercourse at which the water level has been for a sufficient period of time and frequency to leave a definite mark as determined by the city engineer.

Parking, off-street, shall consist of space for parking motor vehicles including space for turning movements, maneuvering, and access to the street located entirely on the lot of the use which it serves or with the approval of the planning board on nearby property owned or leased by the use, or with the approval of the planning board or zoning board of adjustment on other property through a shared parking arrangement.

Personal service business shall mean commercial businesses that primarily render services, rather than the sale of products. "Primarily" means that less than fifty (50) percent of the business is from the sale of products.

Presite built housing shall mean any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in off-site manufacturing facilities in conformance with the United States Department of Housing and Urban Development minimum property standards and local building codes, for installation, or assembly and installation, on the building site. For the purposes of this definition, presite built housing shall not include manufactured housing as defined in this section.

Recreational vehicle shall mean a vehicle which is used for personal pleasure or personal travel and not in connection with any commercial endeavor and means any of the following vehicles:

(1)

Motorhome or van, which is a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle;

(2)

Pickup camper, which is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation;

(3)

Recreational trailer, which is a vehicular, portable structure built on a single chassis, four hundred (400) square feet or less when measured at the largest exterior horizontal projections, calculated by taking the measurements of the exterior of the recreational trailer including all siding, corner trim, molding, storage space and area enclosed by windows but not the roof overhang. It shall be designed primarily not for use as a permanent dwelling but as a temporary dwelling for recreational, camping, travel or seasonal use; and

(4)

Tent trailer, which is a canvas or synthetic fiber folding structure, mounted on wheels and designed for travel, recreation, and vacation purposes.

Recycling facility shall mean collection, storage and transfer facility which collects, stores and prepares recyclable materials for market and transfers processed recyclable materials to markets for recycling. The term includes "recycling center." The collection, storage and/or transfer of hazardous waste or construction and demolition debris, as defined in this section, is expressly prohibited.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more that a designated height.

Retail shall mean the sale of goods or merchandise to the public for personal, household or business consumption, and rendering of services incidental to the sale of such goods or merchandise in a store or similar facility maintained for that purpose.

Service establishment shall mean a nonresidential building and/or other structure used principally for providing commercial services to the public, such as a beauty shop, shoe repair shop, dry cleaner, laundry, electrician, plumber, repair service, installation service, general contractor, rental shop and the like. No accessory use for residential purposes shall be permitted.

Setback shall mean the distance from a public or private right-of-way or lot line to the wall of that part of the structure, building or use nearest said line, not including handicap accessibility features when reasonable accommodation is required to allow a person with a recognized physical disability to reside in the building, steps, stairs or landings that provide means of egress, including emergency means of egress, marquees, or unenclosed porches and roof overhangs that are open to light, air and visibility. In computing setbacks, chimneys which do not exceed six (6) feet in width and thirty (30) inches in depth are permissible adjacent or attached to the wall. Additional structures are allowed within setbacks as provided in sections 22-389.2 and 22-389.4.

Shrubbery shall mean a planting or growth of shrubs.

Sign shall mean any permanent or temporary advertisement, direction or communication produced whole or in part by the construction, erection, affixing, or placing of the structure, device, letter, banner, or placing any printed, lettered, pictured, figured or colored materials on any building, structure or surface or which is designed to be seen from outside a building, including lighted signs in windows, or doors, but excluding: window displays of merchandise and signs incidental to the display of this merchandise; signs placed or erected for the purposes of showing street names or traffic directions or regulations; signs erected by any governmental or civic agency.

Sign, exterior affixed, shall mean a sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall, and projecting no more than fourteen (14) inches from the building wall.

Sign, freestanding, shall mean a sign erected on a freestanding frame, mast or pole which is permanently anchored and embedded into the ground and not attached to any building.

Sign, frontage, shall mean the length along the ground floor of a building site, having frontage on a street, which is occupied by a separate and distinct principal use which occupies the front of such building.

Sign, hanging, shall mean a sign attached to a building with the plane of the sign at an angle to the plane of the wall of the building.

Sign, identification, shall mean an outdoor sign displaying the name or address of the occupant or identifying a permitted use or an accessory use.

Sign, nonconforming, shall mean a sign which does not comply with regulations of this chapter but was in existence at the time of adoption of this chapter and was lawful at the time it was erected, constructed or placed in its present location.

Special exception shall mean a use of land or buildings not permitted by this zoning chapter, subject to approval by the zoning board of adjustment, granted under authority of this chapter when specific conditions stated in this chapter are found to exist.

Special flood hazard area. See "area of special flood hazard."

Start of construction shall mean the date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on-site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.

Storage container shall mean an accessory storage structure, incidental and subordinate to the primary use of a property, including cargo and railroad containers and vehicles or structures used for storage but that were originally built for purposes other than the storage of goods and materials. Storage containers are prohibited except where expressly permitted.

Street shall mean a public or private thoroughfare which affords the principal means of access to abutting property.

Structure shall mean any edifice or object that is built, constructed or installed by man, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Structure" shall also mean a structure as defined in article V [chapter 5] of the Claremont City Code, RSA 155-A:1, RSA 482-A:2, and RSA 483-B:4. "Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Structure, permanent, shall mean a structure which is built of such materials, affixed to the land and in such a way that it would commonly be expected to last and remain useful for longer than one hundred eighty (180) days.

Structure, temporary, shall mean a structure which is built of such materials, is not affixed to the land and in such a way that it would have a useful life or less than one hundred eighty (180) days.

Substantial damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty (50) percent of the market value of the structure or if the nature of the damage compromises the structural integrity of any portion of the structure.

Substantial improvement shall mean any combination of repairs, reconstruction, alteration or improvements to a structure in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure should equal: a) the appraised value prior to the start of the initial repair or improvement, or b) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the alteration of any wall, ceiling, floor or other structural part of the building first commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure located within the F-1 or F-2 zoning district required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a "historic structure"; provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Tree shall mean a woody perennial plant with one (1) main stem or trunk which develops many branches.

Use shall mean the purpose for which a structure or land, or any part thereof, is occupied, designed, constructed, arranged or intended.

Use, permitted, shall mean use specifically allowed in a zoning district, excluding illegal uses and nonconforming uses.

Variance shall mean relief from the literal meaning and strict application of the zoning ordinance given to the owner of land by the zoning board of adjustment for use of property in a manner that would otherwise violate the zoning ordinance.

Violation shall mean the failure to comply with the city's zoning regulations. "Violation" shall also mean the failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required by 44 CFR Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water pollutant shall mean a chemical or physical agent introduced to any body of water that may detrimentally alter the natural condition of that body of water and other associated bodies of water.

Yard shall mean a space not occupied by a building or buildings open to the sky, on the same lot as the principal building.

Yard, front, shall mean a yard extending across the full width of the lot and lying between the front line of the lot (the street line) and a line at a distance therefrom as specified by these regulations.

Yard, rear, shall mean a yard extending across the full width of the lot and lying between the rear lot line and a line at a distance therefrom as specified by these regulations.

Yard, side, shall mean a yard extending from the front yard to the rear yard situated between the side lot line and a line at a distance therefrom as specified by these regulations.

Zoning administrator shall mean the administrative official authorized by the city manager to administer and enforce this chapter.

Zoning permit shall mean and include references to zoning permit, notice of decision, sign permit, certificate of appropriateness, and determination of compliance issued by the zoning administrator.

(Ord. No. 181, § 2-5, 4-12-78; Ord. No. 231, § 2, 8-24-83; Ord. No. 236, §§ 1, 2, 12-14-83; Ord. No. 249, § I, 6-12-85; Ord. No. 287-A, § 1, 6-18-88; Ord. No. 307, § 1, 8-9-89; Ord. No. 309, § 1, 10-10-90; Ord. No. 318, § 1, 10-10-90; Ord. No. 323, §§ 1, 2, 4-25-90; Amend. No. 4, § 1, 4-10-91; Ord. No. 341, 9-11-91; Ord. No. 356, 4-13-94; Ord. No. 385, 12-10-97; Ord. No. 439, 11-19-02; Ord. No. 467, § 2, 1-11-06; Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017; Ord. No. 600, § 1, 12-14-2022; Ord. No. 604, § 1, 12-14-2022; Ord. No. 605, § 1, 1-25-2023; Ord. No. 622, § 1, 2-28-2024; Ord. No. 633, § 1, 9-11-2024)

Cross reference— Definitions and rules of construction generally, § 1-2.

State Law reference— Definition of manufactured housing, RSA 674.31.

(a)

In accordance with the provisions of RSA 47:17 and RSA 674:16, the city hereby adopts these regulations as the zoning regulations for the city. They have been designed to lessen congestion in the streets, to secure safety from fires, panic and other dangers, to prevent the overcrowding of land, to promote health and the general welfare, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

(b)

All references herein to the "Code," "Claremont City Code," "zoning regulations," and "ordinance" or "ordinances" shall mean the Claremont City Code, as codified, and as available as of the date of the adoption of this zoning regulation at: http://library.municode.com/index.aspx?clientId=12246.

(c)

All references herein to state law and regulation shall mean duly promulgated state laws and regulations as codified as the New Hampshire Revised Statutes Annotated and the Code of Administrative Regulations, and as available as of the date of the adoption of this zoning regulation at: http://www.nh.gov/government/laws.html.

(Ord. No. 181, Art. I, 4-12-78; Ord. No. 531, § 1, 4-10-2013)

Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which the construction shall have been commenced or a valid building permit issued prior to March 29, 2017, or any amendment hereto, and which shall be completed within one (1) year of the adoption of same.

(Ord. No. 181, § 2-12, 4-12-78; Ord. No. 531, § 1, 4-10-2013; Ord. No. 554, § 1, 5-10-2017)

No land, building or premises shall be used and no building or part thereof shall be erected, altered, enlarged, demolished or moved except in conformity with this chapter. No lot shall be less in area or width nor have smaller yards, and no building shall occupy in the aggregate a greater percentage of the lot area, accommodate a greater number of families, nor be greater in height than as prescribed by the regulations applicable to the district in which such lot or building is located.

(Ord. No. 181, § 2-1, 4-12-78; Ord. No. 531, § 1, 4-10-2013)

At least thirty (30) days before a public hearing on any proposed change in this chapter, such proposed change shall be referred to the planning board for study and report which is to be read into and made a part of the minutes of the public hearing on such change. In making its report, the planning board shall refer to and take into account its land use plan for the city. Failure of the planning board to file a report on the proposed change at the public hearing shall be deemed as approval of such change. In the event the planning board recommends that the proposed change not be approved, the approval of such change shall require a favorable vote of two-thirds of all members of the city council. A petition for a change in this chapter shall be filed with the city clerk accompanied by a description of the proposed change on a form prescribed by the city clerk and by a filing fee which is on file in the city manager's office to cover costs of legal notice and other charges.

(Ord. No. 181, § 4-1, 4-12-78)

The administrative and enforcement officer for this chapter shall be the zoning administrator or his/her designees, including code enforcement officials. The zoning administrator, or his/her designees, shall administer this chapter literally and shall not have the power to permit any use of land or buildings which is not in conformance with this chapter. Upon written complaint, the zoning administrator or his/her designees shall take the appropriate action to enforce this chapter.

(Ord. No. 274, § 4-2, 3-11-87; Ord. No. 542, § 4, 4-8-2015)

When this chapter has been amended according to the procedure set forth in this chapter, the following steps shall be taken to change the zoning maps:

(1)

The description of the district or boundary changes, including a description of the aerial extent of the district change, shall be made a part of the motion to approve the change of this chapter and if approved, read into the minutes of the council meeting.

(2)

A copy of the minutes including the description of the zoning map change will be given to the city manager or his designee, empowering him to make such changes as are necessary to the zoning maps.

(3)

All changes to the zoning maps shall be made within one (1) week of the approval of such change by the city council.

(Ord. No. 181, § 4-9, 4-12-78)

Where these regulations are in conflict with other local ordinances, the more stringent shall apply.

(Ord. No. 271, § 2, 1-14-87)

It shall be illegal for any person to:

(1)

Use any land, building or structure without first obtaining all zoning, building, occupancy, sign or driveway permits required by city ordinances or regulations properly adopted by the planning board, or subdivision regulations.

(2)

Fail to comply with all conditions imposed by such permits or decisions of the planning board, zoning board of adjustment, historic district commission, zoning administrator or any other agency which is granted power to regulate the use of land.

(Ord. No. 274, § 2, 3-11-87)

Any person convicted of a violation of this chapter may be punished by any of the fines or penalties made permissible by RSA 31:39-d, RSA 147:4; RSA 147:9, RSA 676:17, RSA 676:17-a, and/or RSA 676:17-b.

Nothing herein shall prevent the city from obtaining injunctive relief to force compliance with this chapter.

(Ord. No. 274, § 3, 3-11-87; Ord. No. 542, § 4, 4-8-2015)