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Conway City Zoning Code

§ 190-31

Definitions.

[Amended 4-14-2015 ATM by Art. 2; 4-12-2016 ATM by Art. 4; 4-11-2017 ATM by Art. 2; 4-9-2019 ATM by Art. 2; 5-12-2020 ATM by Art. 3; 4-11-2023 ATM by Art. 3; 4-11-2023 ATM by Art. 4; 4-11-2023 ATM by Art. 5; 4-11-2023 ATM by Art. 6; 4-11-2023 ATM by Art. 7; 4-11-2023 ATM by Art. 8; 4-11-2023 ATM by Art. 9; 4-11-2023 ATM by Art. 10; 4-9-2024 ATM by Art. 4; 4-9-2024 ATM by Art. 5; 4-9-2024 ATM by Art. 6; 4-9-2024 ATM by Art. 7; 4-9-2024 ATM by Art. 8; 4-9-2024 ATM by Art. 9; 4-9-2024 ATM by Art. 10; 4-9-2024 ATM by Art. 11; 4-9-2024 ATM by Art. 12; 4-9-2024 ATM by Art. 13; 4-9-2024 ATM by Art. 15; 4-9-2024 ATM by Art. 17; 4-9-2024 ATM by Art. 184-9-2024 ATM by Art. 20; 4-9-2024 ATM by Art. 21; 4-8-2025 ATM by Art. 2; 4-8-2025 ATM by Art. 3; 4-8-2025 ATM by Art. 4; 4-8-2025 ATM by Art. 5,6; 4-8-2025 ATM by Art. 8; 4-8-2025 ATM by Art. 9; 4-8-2025 ATM by Art. 10; 4-8-2025 ATM by Art. 11; 4-8-2025 ATM by Art. 14]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
An intentional action to abandon or relinquish the use of a property in which some overt act or failure to act carries the implication that the owner neither claims nor retains any interest in the use.
ACCESSORY AGRICULTURE SOLAR
Any ground-mounted or roof-mounted solar collection system designed to primarily reduce on-site consumption of utility power and without a limit to the rated nameplate capacity or solar land coverage provided the existing agricultural use is preserved at the time of installation.
ACCESSORY BUILDING OR USE
A building or use subordinate and customarily incidental to the main building or use on the same lot.
ACCESORY DWELLING UNIT (ADU)
A dwelling unit accessory to a single-family dwelling or duplex, either attached or detached. Such dwelling units shall be not less than 300 square feet and no greater than 1,000 square feet; provided any second accessory dwelling unit shall be not less than 300 square feet and no greater than 850 square feet. An accessory dwelling unit is considered a residential accessory use.
ADAPTIVE REUSE
The renovation and reuse of pre-existing structures for non-transient residential dwelling units in all or any portion of an eligible structure.
AGRICULTURAL BUILDING
A building used for the storage of farm products, animal feed, stabling horses, for the housing of farm animals or farm equipment, forestry-related buildings and horticultural buildings. Such buildings must be accessory to an active, ongoing agricultural operation. Garages and sheds on properties which are used primarily residentially are not agricultural buildings.
APPENDAGE
A sign which is attached directly to or under a freestanding or projecting sign.
AQUIFER
A geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
ARTERIAL
A street that is used or will be used primarily for through-traffic flow. These streets are Route 16, Route 113, Route 153, Route 302, Kancamagus Highway, West Side Road and River Road.
BASE FLOOD
The flood having a one-percent probability of being equaled or exceeded in any given year.
BASEMENT
Any area of a building having its floor subgrade on all sides.
BED-AND-BREAKFAST
Any dwelling in which transient lodging or boarding and lodging are provided and offered to the public by the owner for compensation. This dwelling shall also be the full-time, permanent residence of its owner; otherwise it shall be classified as a hotel/motel. There shall be no provisions for cooking in any individual guest room.
BOARDINGHOUSE/ROOMING HOUSE
A dwelling operated as a business or on a not-for-profit basis providing rooms for rent on a daily, weekly, or other basis. The rooms do not include cooking facilities and thus are not individual dwelling units. Meals may or may not be provided by the owner/operator. Such rooms generally serve as the primary residence (of whatever duration) for the occupants though they may be available also as lodging for visitors.
BOAT STORAGE SHED
A structure used exclusively for the storage of boats and accessory equipment, having no plumbing or heating installed, having a floor are of 250 square feet or less, and being no more than 15 feet in height.
BUFFER
The area between the property boundaries and the front, sideline and back lot line setbacks as specified for size and use in this chapter and Chapter 110, Site Plan Review, of the Conway Code.
BUFFER/SPECIAL HIGHWAY CORRIDOR DISTRICT
A protective buffer strip naturally vegetated and/or planted with native or indigenous saplings, shrubs and ground covers displaying a typical woodland appearance appropriated to the condition and said type of the landforms. The purpose of the buffer is to provide a scenic, largely rural road corridor that is screened from view of development that abuts the highway corridor.
BUFFER/WETLAND
A naturally occurring undeveloped area bordering a wetland that serves to lessen the impact of disturbance; e.g., urban development and agriculture. This buffer shall consist of a natural area consisting of various species of trees, saplings, shrubs and ground cover in any combination and between any stages of growth.
BUILDING
An independent structure having a roof and any extensive additions thereto. It shall include a house trailer and a mobile home when used as a residential unit, but shall not include a travel trailer used as a temporary residence incidental to travel, recreation or vacation and not permanently hooked up to facilities necessary for usual year-round occupancy.
BUILDING FOOTPRINT
See "footprint."
BUILDING HEIGHT
The vertical distance from the lowest point of grade around the building to the mean gable elevation of the building, or to the top of a flat roof. The lowest point of grade shall be the lowest point at which the foundation is above the proposed or existing grade, whichever is less.
CARETAKER'S RESIDENCE
An accessory residential unit on a nonresidential premises, occupied by the person who oversees the nonresidential operation 24 hours a day and his or her family.
CARPORT MOUNT
Any solar collection system of any size that is installed on the roof structure of a carport over a parking area.
CASINO
A non-charitable facility whose principal use is for the conduct of games of chance and/or gambling.
CHANGEABLE COPY
A sign, or portion thereof, with manually changeable lettering or display. This shall not include electronic-type displays with changeable messages.
CHARITABLE FUNDRAISING EVENT
An event held by a charitable organization for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, or other charitable purpose. The basis of any solicitation shall be solely for a charitable purpose and may include games of chance.
CHARITABLE GAMING FACILITY
A facility conducting games of chance for the benefit of nonprofit organizations which engage in any game involving gambling or lottery prohibited by RSA 647:1. Facilities are required to be licensed by the State of New Hampshire pursuant to RSA 287-D:7, excluding halls owned by any charitable organization or governmental subdivision and shall meet Administrative Rules of Chapter Lot 7200, Games of Chance.
CHARITABLE ORGANIZATION
A bona fide religious, charitable, civic, veterans’, or fraternal or church organization, including police and firemen’s organizations which shall have been registered with the Secretary of State for at least two years. A charitable organization shall not include auxiliary units, committees, or other entities organized under the auspices of a charitable organization eligible for State of New Hampshire licensure, when such auxiliary unit, committee, or other entity is organized for the primary purpose of conducting games of chance.
COLLECTOR
A street that is used or will be used primarily for connecting local street traffic to the arterial street system. These are Mill Street (Center Conway), Old Mill Road, Brownfield Road, Tasker Hill Road, Passaconaway Road, Still Road, East Conway Road, Dolloff Hill Road, Stark Road, Rockhouse Mountain Road and West Main Street.
COMMERCIAL AMUSEMENT FACILITY
Any commercial use which offers for hire or to the general public access to structures, vehicles, mechanical or electrical contrivances, or other facilities which are intended primarily to provide entertainment, amusement or recreation, and in which the patron is engaged on the premises as an active participant rather than as a spectator. This shall not include volleyball, tennis or basketball courts, baseball, football or soccer fields, other similar sporting fields, or commercial golf facilities as regulated in the underlying district, or any facility conducting games of chance, and shall exclude special events as permitted by the Board of Selectmen.[1]
COMMERCIAL BINGO HALL
Any hall owned or leased by an individual, corporation, realty trust, partnership, association, or any other person who rents or leases the hall to a charitable organization for the operation of bingo or Lucky 7 games, excluding halls owned by any charitable organization or governmental subdivision.
COMMERCIAL SOLAR
A use of land that consists of one or more freestanding, ground-mounted solar collection systems with a rated nameplate capacity of up to 1 MW AC and that is less than five acres in solar land coverage.
COMMUNITY SOLAR
A use of land that consists of one or more freestanding, ground-mounted solar collection systems regardless of nameplate capacity that is up to 100 kW AC and that is less than one acre of solar land coverage.
CONDITIONAL USE PERMIT
A land use permit allowing departures from standards in accordance with RSA 674:21 and RSA 676:4 and shall be consistent with the provisions of the underlying district. A conditional use permit shall be issued by the Planning Board or Conservation Commission as specified within applicable sections of Chapter 190, Zoning and may not establish a use specifically prohibited by this chapter.
CONDOMINIUM
A special system of real property ownership that includes individually owned units and areas owned in common by the unit owners ("common areas").
CREMATORIUM
An establishment or structure in which human remains are cremated in a cremation retort.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DIMENSIONAL NONCONFORMITY
That aspect of a lot or structure which does not comply with the dimensional requirements of this chapter, including but not limited to height, setback, frontage or area.
DIRECT GLARE
Illumination beyond property lines caused by direct specularly reflected rays from incandescent, fluorescent or arc lighting.
DOMESTIC ANIMALS
Dogs, cats, non-poultry birds, reptiles, exotics, ferrets, descented skunks, nine or fewer rabbits and nine or fewer fur-bearers other than rabbits.
DOMESTIC FARM ANIMALS
Horses, ponies, cattle, swine, deer, bison, greater than nine fur-bearers, sheep, goats, llamas, ratites, poultry or greater than nine rabbits.
DUPLEX
A structure containing two separate residential dwelling units.
EDGE OF WATER
Shall be determined by the normal high-water mark, defined herein.
EDGE OF WETLAND
Shall be determined by the criteria established in and defined by the Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1, Environmental Laboratory, Department of the Army, 1987 and Regional Field Indicators for Identifying Hydric Soils in New England, New England Interstate Water Pollution Control Commission, 1998.
ESTABLISHMENT OF A SEXUALLY ORIENTED BUSINESS
A. 
The opening or commencement of any sexually oriented business as a new business;
B. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. 
The relocation of any sexually oriented business; or
D. 
The substantial enlargement of a sexually oriented business, which means the increase in floor areas occupied by the business by more than 25%, as the floor area exists on the date of the adoption of this chapter.
EXCAVATION
A land area which is used for the commercial taking of earth, including all slopes.
FEATHER FLAG
A vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand. (See Figure 2.)
Figure 2
 
190 feather flag.tif
FIRM
Flood Insurance Rate Map, an official map incorporated within this chapter, on which FEMA has delineated both the special flood hazard areas and the risk-premium zones applicable to the Town of Conway.
FLAG
A piece of flexible fabric of distinctive design which is used as a symbol of a nation, state, province, county, town or religion, or which uses color, form, graphic, symbol, or writing to communicate information of any kind to the public, whether commercial or noncommercial. Excluded from this definition are feather flags as otherwise defined herein.
FLOOD INSURANCE STUDY (FIS)
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.
FLOODPLAIN
Land subject to a one-percent-or-greater chance of flooding in any given year which is designated as Zone A and/or AE on the Flood Insurance Rate Map.
FLOODWAY
The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the flood having a one-percent chance of being equaled or exceeded in any given year without cumulatively increasing the water surface elevation more than one foot.
FOOTPRINT
The portion of a lot covered by all portions of any structure, including decks, porches, cantilevered sections and roof overhangs.
FREESTANDING SIGN
A self-supporting sign not attached to any building, wall or fence, but in a fixed location. This does not include movable signs.
FRONT SETBACK
The setback from a property line along a road right-of-way.
FUNCTIONALLY DEFICIENT
A septic system that fails to operate properly due to inability to handle sewage loads, improper design, construction, maintenance or operation, but shall not include a system that only fails to meet present state design standards. (See RSA 485-A:29 through 485-A:44 and NH Code of Administrative Rules Env-Ws 1000, requirements for subsurface waste water treatment.)
FUNERAL HOME
An establishment with facilities for burial or cremation preparation of the deceased and for memorial services.
GAMBLING
Games involving a risk of value upon a future contingent event not under one's control, upon an agreement or understanding that something of value will be received in the event of a certain outcome.
GAME OF CHANCE
Any game involving gambling as defined by RSA 647:2, II, 17 or any lottery prohibited by RSA 647:1, but shall not include any game involving the use of a slot machine or any other device in the nature of a slot machine, 50/50 raffles as defined in RSA 19 287- A:1, III, or ice-out contests as defined in RSA 287-D:1, VI.
GAS STATION
That portion of a property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and distributed for the purposes of retail sale of gasoline.
GREAT POND
A water body of more than 10 acres in the natural condition.
GROUND MOUNT
A solar collection system and associated mounting hardware that is affixed to or placed upon (such as ballasted systems) the ground including but not limited to fixed, passive or active tracking racking systems.
GROUNDWATER
Subsurface water that occurs beneath the water table in soils and geologic formations.
HAZARDOUS MATERIALS
Those chemicals or substances which are physical hazards or health hazards as defined in the currently adopted version of the State Building Code, whether the materials are in a usable or waste condition.
HEAVY INDUSTRY
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products.
HELIPORT; HELIPAD; HELISTOP
Any landing or take-off area intended for use by helicopters or other rotary-wing-type aircraft capable of vertical take-off and landing profiles.
A. 
Neighborhood.
(1) 
General: those in the immediate vicinity of a development site, i.e., abutters.
(2) 
As it relates to aircraft activities: area within a five-thousand-foot radius of the development site.
B. 
Private/Business accessory use: available for the exclusive use of the business as an accessory for personal transportation purposes in conjunction with the operation of that business. Such uses shall not include scenic tours or chartered flight operations.
C. 
Private/Noncommercial accessory use: available for the exclusive use of the owner on personally owned land or other persons authorized by the owner for noncommercial use and for no financial gain.
D. 
Private/Public commercial use: available for use in aircraft operations for profit; those which, for a fee, provide air transportation for the public and/or transport goods and materials. This includes, but is not limited to, charter transportation, scenic tour flight operations, and other similar activities.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
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
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION
An occupation or profession which is carried on in no more than 50% of the square footage of the total square footage, or 1,500 square feet, whichever is less, of a detached, single-family dwelling unit by the full-time, permanent occupant of the dwelling which does not change the character thereof. By way of illustration, home occupations shall include, but not be limited to: the preparation of foods such as breads, cookies and jellies; construction of birdhouses and other small-scale wood products; quilting; fishing lure assembly, etc. The term "home occupation" shall include both professional and personal services, provided that they meet the other criteria set forth in this chapter. Retail sales shall be allowed only in situations where the product sold is produced entirely on-site.
HOTEL
A building or groups of buildings used for transient occupancy offered to the public at a daily or weekly rate with sleeping accommodations for greater than 16 persons. Facilities may include, where allowed, such accessory uses as restaurants, bars, taverns, function rooms, places of assembly or recreational facilities, but shall not include charitable gaming. A Hotel is distinguished from a motel by providing room accommodations which primarily open to interior corridors and/or exceeds two-stories in structure height.
IMPERVIOUS
Not readily permitting the infiltration of water.
IMPERVIOUS SURFACE
A surface through which regulated substances cannot pass when spilled. Impervious surfaces include concrete unless unsealed cracks or holes are present. Earthen, wooden, or gravel surfaces, or other surfaces which could react with or dissolve when in contact with the substances stored on them are not considered impervious surfaces.
INDUSTRIAL SOLAR
A use of land that consists of one or more freestanding, ground-mounted solar collection systems regardless of nameplate capacity that is between 35 acres and 50 aces in solar land coverage.
INFILL DEVELOPMENT
Use of land in established commercial areas for the purpose of redevelopment. Parcels must have frontage on a collector, local, or private road and abut one or more commercial use(s). Infill development encourages the redevelopment of large commercial parcels and allows for the use of shared parking and infrastructure.
INTERMEDIATE BUSINESS
Any business with between 30,000 square feet and 1,500 square feet of gross floor area.
JUNKYARD
An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive recycling yard. The word does not include any motor vehicle dealers registered with the director of motor vehicles under RSA 261:104 and controlled under RSA 236:126.
KENNEL
An establishment or domicile which houses 10 or more domestic animals for any period of time. Kennels shall include any establishment as defined by RSA 466:4.III, Commercial Kennels; and are subject to RSA 466:6, Group Licensing.
LARGE COMMERCIAL SOLAR
A use of land that consists of one or more freestanding, ground-mounted solar collection systems with a rated nameplate capacity of between 1 MW and 5 MW that is between five and 35 acres in solar land coverage.
LEVEL OF SERVICE (LOS)
A set of qualitative and quantitative criteria that describe the degree to which an intersection, roadway, weaving section or ramp efficiently serves peak hours and/or daily traffic. Level of service calculations shall follow the 1985 Highway Capacity Manual, Chapter 9, Operational Procedure for Signalized Intersections, as amended.
Level of Service Criteria for Signalized Intersections
Level of Service
Stopped Delay per Vehicle
(seconds)
A
Less than or equal to 5
B
5.1 to 15
C
15.1 to 25
D
25.1 to 40
E
40.1 to 60
F
Greater than 60
LIGHT INDUSTRY
The assembly, manufacture, processing, packaging or other industrial operations conducted in such a manner that all resulting cinders, dust, fumes, gas, odors, smoke and vapor are effectively confined to the premises or disposed of so as to avoid any air, ground or water pollution and conducted in such a manner that noise, light and vibrations will not be a nuisance or otherwise detrimental to abutting properties; a use involving the manufacture of a product not requiring heavy, noisy, or otherwise objectionable machinery or transporting equipment.
LOCAL/NEIGHBORHOOD STREETS AND ROADS
A street used primarily for direct access to property and not used for through-traffic flow. These streets are all those not designated as arterial or collector.
LOT
An area of land in one ownership, or one leasehold, with ascertainable boundaries established by deed or instrument of record, or a segment of land ownership defined by lot boundary lines on a land subdivision plan duly approved by the Planning Board and recorded in the Carroll County Registry of Deeds.
LOT COVERAGE
The total area of all building and/or structure footprints on a lot divided by a parcels buildable area, expressed as a percentage. Retaining walls, fences, driveways, refuses areas, mechanical equipment, parking areas, driveways, and sidewalks may be excluded,
LOT, MINIMUM SIZE
The required lot area within a specific zoning district for a single use.
LOWEST FLOOR
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 nonelevation design requirements of this chapter.
MAJOR BUSINESS
Any business with more than 30,000 square feet of gross floor area.
MALL
One building or several attached or detached buildings on one lot, including courtyards, whether or not covered, substantially surrounded by buildings in which two or more businesses are located and each business does not have a separate entrance or exit for public use fronting on a street or parking lot.
MANUFACTURED HOME
Any structure meeting the federal Manufactured Home Construction and Safety Standards Act,[2] commonly known as the "HUD Code," transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or when erected on site has at least 320 square feet of habitable space, 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 systems contained therein. Manufactured housing as defined here does not include presite built housing as defined in RSA 674:31-a.
MIXED-USE DEVELOPMENT
Development which combines residential and commercial uses on a single parcel and may include residential buildings with ground-floor retail space, office buildings with apartments on upper floors, or developments with a mix of residential buildings and commercial uses. Mixed-use developments are intended to create a range of housing options and allow for more compact and efficient development patterns.
MOBILE HOME
A single, complete and livable prefabricated residential unit, suitable for transport on wheels on its own chassis, regardless of whether or not left on wheels, and requiring connection to water, power and sewage disposal systems for proper occupancy.
MOBILE HOME PARK
A parcel of land, under single ownership, with accommodations for two or more mobile homes, travel trailers or recreational vehicles in use as dwellings, regardless of whether or not a charge is made for such accommodations.
MOBILE HOME SPACE
An area in a mobile home park designed to accommodate one mobile home stand and its related yards and other open space.
MOBILE HOME STAND
An area in a mobile home space upon which a mobile home is to be stationed.
MODULAR HOUSING OR STRUCTURE (or PRESITE BUILDING STRUCTURE)
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 lot. A modular home is separate and distinct from a manufactured housing unit.
MOTEL
A building or groups of buildings not exceeding two-stories used for transient occupancy offered to the public at a daily or weekly rate with sleeping accommodations for greater than 16 persons. Permitted accessory uses shall not include places of assembly exceeding 50 persons or charitable gaming facilities. Individual motel rooms may include cooking facilities.
MOVABLE SIGN
A sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels, or supported by legs.
MULTIRESIDENTIAL UNITS
Units providing living quarters for two or more housekeeping units, such as, but not limited to, condominiums, clustering units, common-wall or row-type housing units, such as duplex or multihousekeeping units of the same nature, time-share arrangements in any type of housekeeping unit.
MUNICIPAL
Of or relating to the internal affairs of a major political unit, having a chartered local self-government.
NEW CONSTRUCTION
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 a community and includes any subsequent improvements to such structures.
NEW DEVELOPMENT
Any site development for other than agricultural or silvicultural practices, which increases the existing impervious coverage by greater than 10%.
NONCONFORMING LOT
A lot which does not comply with the dimensional requirements of this chapter.
NONCONFORMING STRUCTURE
That portion of a structure which does not comply with the requirements of this chapter.
NONCONFORMING USE
A use which is not permitted in the zoning district in which it is occurring.
NONCONFORMITY
A nonconforming use, structure or lot which was lawfully in existence prior to the enactment of the zoning requirement which made it nonconforming.
NORMAL HIGH-WATER MARK
The elevation of a body of water or watercourse as measured by the average natural high-water mark or to the average high-water mark when flowed by artificial means, such as by a dam.
A. 
For Conway Lake, the normal high-water mark shall be 436.3 feet, which is the elevation of the water at the spillway of the dam.
B. 
For Pequawket Pond, the normal high-water mark shall be 458 feet.
C. 
For Dolloff Pond, the normal high-water mark shall be 550 feet.
D. 
For Echo Lake, the normal high-water mark shall be 510 feet.
E. 
For Puddin' Pond, the normal high-water mark shall be 537 feet.
F. 
For Labrador Pond, the normal high-water mark shall be 550 feet.
OFF-SITE COMMERCIAL SIGN
A sign with a commercial message relating to a commercial activity not conducted on the lot.
OFF-SITE SIGN
A sign which is not located on the lot to which its message refers.
ORIGINAL LOT OF RECORD
The original lot or lots of record, on which a nonconforming use is located, which existed on the date of passage of the zoning requirement which made the use nonconforming.
OUTDOOR DINING ESTABLISHMENT
An area on private property, a public sidewalk, or public way where patrons may consume food and/or beverages provided by a licensed restaurant. Such restaurants may either provide table service in the outdoor dining areas or sell take-out items to be consumed within the outdoor dining area.
OUTDOOR STORAGE
Storage of materials where they are not protected from the elements by a roof, walls, and a floor with an impervious surface.
OWNER-OCCUPIED LODGING HOUSE AND/OR OWNER-OCCUPIED BOARDINGHOUSE
Any place consisting of a room or group of rooms located on one premises where regular, nontransient-type accommodations for sleeping or living purposes, together with meals, are offered for compensation, provided that the same is occupied and operated conjunctively by the owner, an individual person or persons, and shall not have more than four double-occupancy sleeping units.
OWNER-OCCUPIED TOURIST HOME AND/OR OWNER-OCCUPIED ROOMING HOUSE
Any place consisting of a room or a group of rooms located on one premises where transient or semi-transient accommodations for sleeping or living purposes are offered for compensation, provided that the same is occupied and operated conjunctively by the owner, an individual person or persons, and shall not have more than four double-occupancy sleeping units.
PARKING SPACE
An off-street space for exclusive use as a parking area for one motor vehicle, with a minimum size of nine feet by 18 feet to conform to Chapter 110, Site Plan Review, of the Conway Code.
PARKWAY
A landscaped thoroughfare, most commonly a road with no curb cut and/or crossroad access, that has a protected vegetated buffer along either side for the purpose of maintaining scenic beauty. Vehicles with more than two axles are prohibited from driving on parkways.
PETROLEUM BULK PLANT OR TERMINAL
The portion of the property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.
PRIMARY AGRICULTURE SOLAR
Any ground-mounted solar collection system that is partially used to reduce on-site consumption of utility power and with a rated nameplate capacity up to 1 MW AC in size or has a solar land coverage in excess of five acres provided the existing agricultural use is preserved at the time of installation.
PRIVATE EDUCATIONAL FACILITY
A non-government owned and operated facility used for purposes of teaching, studying, and learning.
PROJECTING SIGN
A sign which is affixed to a building and which extends more than 12 inches beyond the surface to which it is affixed.
PUBLIC OR INSTITUTIONAL EVENT
An event sponsored, run by, and benefiting a public or institutional entity. This shall not include any event which is conducted primarily as a business activity.
PUBLIC WATER SYSTEM
A system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
RATED NAMEPLATE CAPACITY
Maximum rated alternating current ("AC") output of solar collection system based on the design output of the solar system.
RECREATIONAL VEHICLE
A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer or mobile home.
REDEVELOPMENT
Any site development on previously disturbed land for other than agricultural or silvicultural practices, which increases predevelopment impervious coverage by no greater than 10%.
REGULATED SUBSTANCE
Petroleum, petroleum products, regulated contaminants for which an ambient groundwater quality standard has been established under RSA 485-C:6, and substances listed under 40 CFR 302, 7-1-05 edition, excluding substances used in the treatment of drinking water or wastewater at department-approved facilities.
RESIDENTIAL DWELLING UNIT
A single unit providing a room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating for the exclusive use for one or more persons living as a household.
RESIDENTIAL DWELLING UNIT – MULTIFAMILY
A building or portion thereof containing three or more residential units with separate cooking and toilet facilities for each dwelling on one individual lot.
RESIDENTIAL SOLAR
Any ground-mounted or roof-mounted solar collection system primarily for on-site residential use, and consisting of one or more freestanding, ground- or roof-mounted, solar arrays or modules, or solar-related equipment, intended to primarily reduce on-site consumption of utility power and with a rated nameplate capacity of 10 kW AC or less per on site dwelling unit and that has 500 square feet or less of solar land coverage per on-site dwelling unit.
ROOFLINE
The profile of a roof. In the case of features extending above the roofline, the profile shall be from whatever direction is the most restrictive.
ROOF MOUNT
A solar collection system that is structurally mounted to the roof of a building or other permitted structure, including limited accessory equipment associated with system which may be ground-mounted. For purposes of calculating array sizes or solar land coverage under the solar definitions in this section, roof-mounted portions shall not be included if the system is made up of both roof- and ground-mounted systems, the roof-mounted portions shall also be excluded.
SANITARY PROTECTIVE RADIUS
The area around a public water supply well which must be maintained in its natural state as required by Env-Dw 301 or 302 (for community water systems); Env-Dw 405.14 and 406.12 (for other public water systems).
SCENIC TOUR OPERATION
Any sightseeing flight conducted under visual flight rules in any type of aircraft for compensation or hire. Flights may be provided on a regular schedule or at varying frequencies based on passenger demands.
SCENIC VIEW OR VISTA SHED, SPECIAL HIGHWAY CORRIDOR DISTRICT
A vantage point with unique natural beauty for drivers on the highway or pedestrians in the district, which can best be appreciated by modifications to the protective buffer. Modifications to the buffer may include reducing or thinning the forested natural area or replacing forested vegetative material with other appropriate vegetative material in order to promote the vantage point.
SEASONAL HIGH WATER TABLE
The depth from the mineral soil surface to the uppermost soil horizon that contains 2% or more distinct or prominent redoximorphic features that increase in percentage with increasing depth as determined by a licensed hydrogeologist, soils scientist, wetlands scientist, civil or environmental engineer, or other qualified professional approved by the Planning Board, or the shallowest depth measured from ground surface to free water that stands in an unlined or screened borehole for at least seven consecutive days.
SEASONAL STREAMS
A free-flowing body of water (i.e., a river, brook or tributary) which only runs for a part of the year.
SECONDARY CONTAINMENT
A structure such as a berm or dike with an impervious surface which is adequate to hold at least 110% of the volume of the largest regulated-substances container that will be stored there.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SENIOR HOUSING UNIT
A dwelling, or portion thereof, capable of providing living quarters limited to two adults per unit, having a minimum age of 62 years old. Said dwelling unit(s) must be within a single building having at least 25 separate units under the same roof. Said building must provide for a commercial kitchen and common dining facility as a minimum. Said senior housing units shall be exempt from provisions under the existing definition of "residential unit," which is defined as a unit providing a kitchen. Senior housing units within such an aforementioned age-restricted retirement housing complex shall be allowed to have separate individual kitchens. For density purposes, the overall building housing all said individual dwelling units within said building under the same roof will be considered one unit.
SEPTIC SYSTEM
Any subsurface method of disposing of residential or commercial wastewater.
SETBACK
The minimum distance which buildings and structure are required to be set back from the nearest lot line (rear or side), measured at right angles or radial thereto. Setbacks from a road shall be measured from the nearest edge of the right-of-way of such road in the same manner. Where the edge of the road right-of-way is not shown on a recorded plan, then such edge shall be deemed to be located 30 feet from the center of the traveled portion of said road unless the right-of-way of such road can be shown to be wider than 60 feet. A road shall include either a public or a private right-of-way.
SEXUALLY ORIENTED BUSINESS
Any place of business in which any of the following activities are conducted:
A. 
(1) 
A business that devotes more than 15% of the total display, shelf, rack, table, stand or floor area, utilized for the display and sale of the following:
(a) 
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records, CD-ROMs, or other forms of visual or audio representations which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1; or
(b) 
Instrument, devices, or paraphernalia which are designed for use in connection with "sexual conduct" as defined in RSA 571-B:1, other than birth control devices.
(2) 
An adult bookstore or adult video store shall not be deemed to include a business selling or distributing books, magazines and periodicals which are a minor, incidental part of its principal stock-in-trade (meaning its inventory) so long as said business shall devote less than 15% of its total display, shelf, rack, table, stand or floor area utilized for the sale and display of such items, including those items otherwise defined under Subsection A(1)(a) and (b) above. In establishing the percentages of utilization of any display, shelf, rack, table, stand or floor area hereunder, the burden of proof hereof shall rest on the business which claims an exemption from said definition above, which proof must be established by clear and convincing evidence.
B. 
ADULT MOTION PICTURE THEATERAn establishment with a capacity of five or more persons, where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, for observation by patrons. For the purposes of this chapter, "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any fifty-six-consecutive-day period.
C. 
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed is devoted to the showing of materials which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
D. 
ADULT DRIVE-IN THEATERAn open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time being presented for observation by patrons is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
E. 
ADULT CABARETA nightclub, bar, restaurant, or similar establishment which, during a substantial portion of the total presentation time, features live performances which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, and/or feature films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which is devoted to showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
F. 
ADULT THEATERA theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1. For the purposes of this chapter, "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than seven days within any fifty-six-consecutive-day period.
G. 
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more persons is in the state of nudity; and
(3) 
When the activities in Subsection G(1) and (2) above are characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
SHOPPING CENTER
One building or several attached or detached buildings on one lot in which two or more businesses are located and each business has a separate entrance and exit fronting a street or parking lot.
SHORELINE
The edge of water of all perennial streams and rivers, lakes and ponds not protected by the Shoreline Protection District.
SIDE OR BACK SETBACK
The setback from a property line other than a front setback.
SIDEWALK
Any public or private way or thoroughfare, paved or unpaved, intended for the use of pedestrians or foot traffic.
SIGN
Any device, fixture, placard, structure or attachment thereto that uses color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of any person or entity, or to communicate information of any kind to the public, whether commercial or noncommercial. Any portion of any awning, either freestanding or attached to a structure, decorated with any sign element, either attached or part thereof, shall be considered a wall sign.
SIGN HEIGHT
The measurement from the undisturbed ground directly under the sign to the top of the message area.
SIGN MAINTENANCE
Repainting; other surface renewal; change of message on the same surface; replacement of any sign surface, support framework or component with substantially similar construction material or component.
SIGN MESSAGE AREA
The total area used to display a sign's message, including all lettering, designs, symbols, and logos, together with but not including any support framework or bracing which is incidental to the sign and which is not designed to attract attention. Where the message area consists of letters, symbols, logos or devices affixed to the surface of a wall, building, awning or window, the message area shall be measured by a single, continuous, rectangular perimeter drawn to enclose the extreme limits of the sign elements. The message area of one side of a double-faced sign shall be regarded as the total message area of the sign. For double-faced signs, each face must be attached directly to the other. Window signs less than one foot apart are measured as a single sign; otherwise, the sum of the rectangles of window signage constitute a window's sign message area.
SLOPE
The steepness of land surface. Slope is expressed in percent by dividing the change in elevation by a given horizontal distance and multiplying by 100%.
SMALL BUSINESS
Any business with less than 1,500 square feet of gross floor area.
SNOW DUMP
For the purposes of this ordinance, a location where snow, which is cleared from roadways and/or motor vehicle parking areas, is placed for disposal.
SOIL TYPE
As defined by the Soil Survey of Carroll County, New Hampshire or as found by an on-site inspection by a soil scientist.
SOLAR COLLECTION SYSTEM
Includes all equipment required to harvest solar energy to generate electricity. The solar collection system includes storage devices, power conditioning equipment, transfer equipment, and parts related to the functioning of those items. Solar collection systems include only equipment up to (but not including) the stage that connection is made to the utility grid or site service point.
SOLAR LAND COVERAGE
Is defined exclusively for the purposes of calculating the footprint of the land area occupied be the components of a solar array. The "solar land coverage" is the land area that encompasses all components of the solar collection system including but not limited to mounting equipment, panels and ancillary components of the system. This definition does not include access roads or fencing and is not to be interpreted as a measurement of impervious surface as it may be defined in this chapter.
SOLAR POWER GENERATION STATION
Any solar collection system that is over 30 MW in nameplate capacity. In no case shall a solar power generation station exceed 150 acres.
SPECIAL FLOOD HAZARD AREA
Any area having flood, mudslide and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, VO, V1-V30, VE, V, M or E.
SPECIAL HIGHWAY
The entire layout of the public road which travels along and within the Special Highway Corridor District; sometimes referred to as the "Conway Bypass."
SPORTS BETTING FACILITY
A facility licensed by the State of New Hampshire which conducts sports wagering as authorized by RSA 287-I. Sports betting facilities include sports book retail locations and mobile sports waging.
START OF CONSTRUCTION
Includes substantial improvements, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 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 a 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.
STATE HIGHWAY
Any Class I, II, III or IV road.
STORAGE SHED
A structure having no plumbing or heating installed, having a floor area of 125 square feet or less, being no more than 15 feet in height and used to store equipment of a residential nature owned by the occupant of the principal residential unit on the property.
STRATIFIED-DRIFT AUQIFER
A geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater, including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of water to wells.
STREET
A state highway or a highway, road, avenue, lane and/or any other way which exists for vehicular travel, exclusive of a driveway serving not more than two adjacent lots or sites. The word "street" shall include the entire right-of-way.
STRUCTURE
Anything constructed or erected, on or in the ground or in the water, or an attachment to something having a fixed location on the ground, including buildings, permanent or temporary; signs; carports; porches; and other building features, including stacks and antennas, but not including sidewalks; fences; driveways; septic systems; utility poles; boundary markers and field or garden walls or embankment retaining walls. For floodplain management purposes, a gas or liquid storage tank that is principally above ground is a structure.
STRUCTURE HEIGHT
The vertical distance from the lowest point of grade at the base of the structure to the highest point of the structure. The lowest point of grade shall be the lowest point at which the foundation is above the proposed or existing grade, whichever is less.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would be equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
A. 
Any repair, reconstruction or improvement of a structure, the cumulative cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. In the case of damage, the value of the structure prior to the damage occurring is:
(1) 
The appraised value prior to the start of the initial repair or improvement; or
(2) 
The value of the structure prior to the damage occurring.
B. 
For the purposes of the definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SURFACE WATER
Streams, lakes, ponds, and tidal waters, including marshes, watercourses, and other bodies of water, natural or artificial.
TEMPORARY EVENT
An event whose occurrence is limited to not more than 14 days per calendar year.
TENT
Any structure with fabric or nonrigid walls or roof or both, which provides or is intended to provide temporary shelter.
THREE-DIMENSIONAL ENVELOPE
The volume and shape enclosed by the exterior dimensions of a building or other structure in plan and elevation views (length, width, height). All appurtenant structures, including but not limited to decks, greenhouses and bay windows, shall be included in the three-dimensional envelope. Any increase in volume or change in the shape shall be considered expansion.
TOWNHOUSE
A one-family dwelling unit which is part of a group of two or more such units separated by a common party wall having no doors, windows, or other provisions for human passage or visibility. Each unit shall have individual outside entrances at ground level (which may face in different directions) and may have more than one level.
TRADESMAN
A workman in a skilled trade, such as a carpenter, plumber, electrician, carpet layer, shoe repairman, furniture restorer or cabinetmaker.
TRANSIENT ACCOMMODATIONS
Living quarters which do not have a kitchen as defined in "residential unit." Such accommodations are not counted as residential units for density purposes, but rather are part of, or all of, a nonresidential use on the lot.
TRAVEL TRAILER
A vehicular portable structure, which may legally be moved on its own wheels, being a vehicle designed as a temporary dwelling for travel, recreation or vacation use.
TWO-DIMENSIONAL FOOTPRINT
The area and shape defined by the exterior dimensions of a building or other structure in plan view. All appurtenant structures, including but not limited to decks, greenhouses and bay windows, shall be included in the two-dimensional footprint. Any increase in area or change in the shape shall be considered an expansion.
UNIT
A measure of land use density. Each building, excluding accessory buildings, with any nonresidential use(s) shall constitute one unit. Each residential unit shall constitute one unit. In cases where one structure facilitates both nonresidential and residential uses, the total number of units shall be equal to the sum of one for the structure plus one for each residential unit.
UTILITY POLE
A structure which is owned by a government agency or utility company and which is used to support lines and other equipment carrying electricity or communications.
UTILITY SOLAR
A use of land that consists of one or more freestanding, ground-mounted solar collection systems regardless of nameplate capacity that is over 50 aces in solar land coverage and less than 30 MW in rated nameplate capacity.
VIEWSHED
The total landscape seen or potentially seen from any public right-of-way, use area, or water body. Impacts from new developments are assessed by structural elevation data provided to determine visual barriers imposed on a scenic landscape including but not limited to Mount Washington, the Moat Mountains, Cathedral Ledge, the Green Hills, Mount Chocorua, Mount Kearsarge, or other prominent landscape features.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by Chapter 44 of the Code of Federal Regulations, § 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.
WALL SIGN
A sign affixed to the wall of a building or to an awning, provided the sign does not extend more than 12 inches beyond the surface to which it is attached.
WATERCOURSE
All rivers, streams, brooks or other tributaries which flow year-round. These include all watercourses shown on the Map of Conway, New Hampshire, prepared by James W. Sewell Company, Old Town, Maine, dated 1964, as revised.
WELLHEAD PROTECTION AREA
The surface and subsurface area surrounding a water well or wellfield supplying a community public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.
WETLAND BUFFER
See "buffer/wetland."
WETLANDS
Areas dominated by wetland characteristics; an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to, swamps, marshes, bogs, and similar areas. (Ref. NH Code of Administrative Rules Envi 101.110)
WHOLESALE AND LIGHT INDUSTRY
Any manufacturing, research, warehousing, storage or wholesale operation which is nonpolluting in terms of air, water and noise and which, in general, is not offensive to the character of the community.
WINDOW SIGN
A regulated window sign is one that is located on or inside and within four feet of a window and is plainly visible from the exterior of the building.
WIRELESS COMMUNICATION FACILITY
Any tower, pole, antenna, accessway, or other structure intended for commercial use in connection with the transmission or reception of radio or television signals, or any other electromagnetic-spectrum-based transmission/reception.[3]
[1]
Editor's Note: See Ch. 120, Special Events.
[2]
Editor's Note: See 42 U.S.C. § 5401 et seq.
[3]
Editor's Note: Original § 147.16 of the Town Code, Permitted Use Table, which immediately followed this section, was repealed 4-11-2017 ATM by Art. 2. See the Permitted Use Table included as an attachment to this chapter.