Dover City Zoning Code
ARTICLE II
Terminology
§ 170-6 Word usage and definitions.
A.
For the purposes of this chapter, the present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word "shall" is mandatory; the word "may" is permissive; the word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied"; and certain terms or words shall be interpreted as follows.
B. ABANDONED SIGN ABUTTER(1) (2) (3) (4) (5) ACCESSORY DWELLING UNIT ACCESSORY STRUCTURE ACCESSORY USE ADULT BOOKSTORE AND/OR VIDEO STORE(1) (a) (b) (2) ADULT CABARET ADULT DAY CARE AGRICULTURE ALTER or ALTERATION ALTERNATIVE ENERGY SYSTEM ALTERNATIVE TOWER STRUCTURE ANTENNA APPLICANT ASSEMBLY HALL ASSESSED PROPERTY ASSESSMENT ASSISTED LIVING FACILITY AUTO SERVICE BED-AND-BREAKFAST BERM BLOCK BLOCK CORNER BLOCK FACE BUILDING BUILD-TO LINE BULK BUSINESS FRONTAGE CERTIFICATE OF OCCUPANCY CERTIFIED SOIL SCIENTIST CHILD-CARE FACILITY CHILD-CARE HOME(1) (2) CIVIC BUILDING CIVIC SPACE COLLECTION COMMENCEMENT OF CONSTRUCTION COMMERCIAL EXCAVATION COMMERCIAL RECREATION COMMERCIAL PARKING FACILITY COMMON YARD COMMUNITY RESIDENCE CONGREGATE CARE FACILITIES CONSERVATION LOT CONTIGUOUS CONTINUING-CARE COMMUNITY FACILITY COUNTRY CLUB COVERAGE COVER CROP CUSTOMARY HOME OCCUPATION DEVELOPMENT IDENTIFICATION SIGN DEVELOPMENT RIGHTS DIMENSION STONE DIRECT ILLUMINATION DRIVE-IN SERVICE DWELLING UNIT DWELLING, MULTIFAMILY DWELLING, SINGLE-FAMILY EARTH EDUCATIONAL INSTITUTION, K-12 EDUCATIONAL INSTITUTION, POST-SECONDARY ELDERLY ASSISTED-CARE HOME ELECTRIC VEHICLE ("EV") READINESS ENERGY STORAGE EXCAVATION EXCAVATION AREA EXCAVATION SITE EXISTING EXCAVATION EXISTING TOWERS AND ANTENNAS EXPANSION (pertaining to excavations)(1) (2) EXTENSION, BUILDING EXTENSION, USE EXTERNAL ILLUMINATION FAA FARM FARM ANIMALS FARM ANIMALS FOR FAMILY USE FCC FENCE FLASHING SIGN FLOOR AREA(1) (2) (3) FREESTANDING SIGN FRONTAGE(1) (2) GALLERY GEOTHERMAL ENERGY GRAND OPENING SIGN GROUND FLOOR GROUND-MOUNTED SOLAR GROUP HOME FOR MINORS HAZARDOUS WASTE/MATERIAL HEIGHT HEIGHT OF BUILDING HIGH INTENSITY SOIL MAP (HIS) HOME-BASED AGRICULTURAL ACTIVITIES HOTEL IMPACT FEE INTERMITTENT STREAM INTERNAL ILLUMINATION JUNKYARD JUNKYARD, MOTOR VEHICLE KENNEL LANDSCAPE AREA LIGHT INDUSTRY LOADING BERTH LOT LOT LINE LOT WIDTH LOT, CORNER MANUFACTURED HOUSING MANUFACTURED HOUSING PARK or MOBILE HOME PARK MARINA METEOROLOGICAL TOWER (MET TOWER) MODIFICATION MOTEL NEIGHBORHOOD NET METERING NEW DEVELOPMENT(1) (a) (b) (c) (d) (2) NONCONFORMING USE NUISANCE NURSING HOME OFF-SITE IMPROVEMENTS OFF-STREET PARKING OFFICE(1) (2) (3) (4) OPEN SPACE ORDINARY HIGH-WATER MARK OUTBUILDING PARAPET PARKING SPACE PERSONAL SERVICE ESTABLISHMENT PLANNING BOARD PLAT PORCH POWER GRID PRINCIPAL BUILDING PROJECTING SIGN PUBLIC ART PUBLIC OPEN SPACE PUBLIC RECREATION PUBLIC RECREATION FACILITIES PUBLIC SPACE PUBLISHING FACILITY REAR RECEIVING AREA RECLAMATION REGULATING PLAN REVOCATION RIGHT-OF-WAY RIGHT-OF-WAY LINES ROADSIDE FARM STAND ROOFTOP SOLAR ROOM ROOMING HOUSE SELF-SERVICE STORAGE FACILITY SENDING AREA SERVICE CLUB SETBACK SHADOW FLICKER SHOP FRONT SHOPPING CENTER SIDEWALK SIGN SIGN AREA SITE DEVELOPMENT PLAN SLOPE SMALL WIND ENERGY SYSTEM SOLAR READINESS SQUARE STATIONARY MANUFACTURING AND/OR PROCESSING PLANTS STOOP STREET STREET FURNITURE STREETLIGHTS STREETSCAPE STREET TREES STREET WALLS STRUCTURE SUSPENSION SYSTEM HEIGHT TDR DISTRICT TELECOMMUNICATIONS FACILITY TEMPORARY SIGN TERRACE/LIGHTWELL TOWER TOWER TOWER HEIGHT TRANSFER OF DEVELOPMENT RIGHTS (TDR) UNSUITABLE DEVELOPMENT AREA USED CAR LOT VEHICLE REFUELING/RECHARGING STATION WALL SIGN WAREHOUSING WATERBORNE PASSENGER TRANSPORTATION FACILITY WATER-DEPENDENT WATER-RELATED EDUCATIONAL/RESOURCE CENTER WETLAND EVALUATION HANDBOOK FOR DOVER WHOLESALING WIND GENERATOR WINDOW SIGN YARD, FRONT YARD, REAR YARD, SIDE ZONING BOARD OF ADJUSTMENT
Words and terms appearing throughout this chapter shall have the meanings indicated below. Other land use/planning related words and terms not defined in this chapter shall rely on the definition(s) contained within A Planners Dictionary published and updated by the American Planning Association.
Any sign that does not display a well-maintained message for a consecutive 180-day period, and/or the owner of said sign cannot be located after reasonable efforts have been made, and/or said sign is no longer fully supported by the structure designed to support the sign for a consecutive 180-day period, and/or the sign no longer advertises bona fide business and/or products sold for a consecutive 180-day period. The Zoning Administrator shall direct the removal of any sign which meets this definition.
The owner of record of a parcel of land located in New Hampshire and that adjoins or is directly within 200 feet (including land across the street or waterway) of the proposed site under consideration by the Planning Board.
For the purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any person or entity who is able to demonstrate that his land will be directly affected by the proposal under consideration.
In the case of an abutting property being under a condominium or other collective form of ownership, the term "abutter" means the officers of the collective or association, as defined in RSA 356-B:3, XXIII. Additionally, the individual owners of units within the association which are located within 200 feet of the common property line shall be notified only by first-class mail.
For purposes of notification and receiving testimony, "abutter" means all affected towns and the regional planning commission in the case of a development having regional impact, as determined by the Planning Board.
For purposes of notification, abutter ownership information for lots located in Dover shall be obtained through the City's Tax Assessment Office.
A secondary dwelling unit attached and subordinate to a single-family dwelling or constructed within a detached structure that is accessory and subordinate to a single-family dwelling. See § 170-24 for the accessory dwelling unit regulations.
A structure with a minimum floor area of 200 square feet which exists on the same lot and within the same zoning district as the principal building and which shall be customarily incident and subordinate to the principal building, subject to the provisions of § 170-10E.
A use existing on the same lot and within the same zoning district as the principal use which shall be customarily incident and subordinate to the principal use; subject, however, to the provisions of § 170-10E.
A place of business that devotes more than 15% of the total display, shelf, rack, table, stand or floor area for the display and sale of the following:
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
Instruments, 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.
An adult bookstore and/or video store does not include an establishment that sells books, periodicals or videos as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15% of the total floor area of the establishment to the sale of books, periodicals or videos.
A nightclub, bar, restaurant or similar establishment which, during a substantial portion of the total presentation time, features live performances that meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1 and/or shows films, motion pictures, videocassettes, slides or other photographic reproductions which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
A facility used for the care of three or more adults for less than 24 hours per day who are in need of supervision or assistance with daily living activities. The facility may provide for dining, recreation activities, education and counseling services, and accessory uses related to the care of adults in need.
See RSA 21:34-a, II. Agriculture shall not include marketing or selling at wholesale or retail, except where permitted as part of a roadside farm stand or where the retail sale of agricultural or farm products raised on site is a permitted use. One single-family dwelling shall be permitted as an accessory to the principal use.
Any change involving the structural frame of a building or use of a building.
A system where energy is derived from a renewable natural source, such as the sun, wind, tides, or waves.
The use of structures such as man-made trees, clock towers, bell steeples, rooftops on buildings five stories or more, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and their appurtenances.
Any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, repeater, or any other communications through the sending and/or receiving of electromagnetic waves of any bandwidth.
Any person, agent, firm, association, partnership or corporation that makes application to a land use board pursuant to the rules and regulations of this chapter.
A building or a portion of a building, not to exceed 5,000 square feet, used for groups of people to gather for an event or regularly scheduled program. Assembly halls include but are not limited to service clubs, religious institutions, cultural and educational lecture/performance halls, banquet halls, and similar facilities.
Any land or buildings comprising new development that is subject to an impact fee assessment under this chapter.
A notification issued by the City of Dover, its Planning Board, or its Building Inspector which states the amount of an impact fee due on an assessed property and the responsibilities, conditions or schedules pertinent to the process and timing of impact-fee payments to the City.
A facility, licensed under RSA 151-E, that provides housing and supportive services and care for more than 12 elderly residents who require assistance with daily living activities but do not require the skilled nursing and medical care provided in a nursing home. Such supportive services include the provision of meals, housekeeping, laundry, transportation, daily personal care, dispensing of medications and staffing 24 hours per day. An assisted living facility includes a community dining room in which meals are provided to all residents, and each individual assisted living unit may also have a kitchenette. Other than any accommodations provided for use by the facility's staff, only assisted living units are permitted as part of an assisted living facility.
A place of business which offers as a service the repair of automobiles. Such auto service place shall not be construed to be a vehicle refueling/recharging station.
A residential structure consisting of nine or fewer bedrooms rented on a temporary, short-term basis for overnight sleeping purposes. Said facility shall have common eating and living areas and provide on-site management on a twenty-four-hour basis. Breakfast shall be the only meal served and shall be served to registered guests only.
A mound of earth that may contain stumps of sufficient height to serve as sight, sound, sand and dust screening of operations in an excavation site.
A tract of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or other barriers to the continuity of a development.
Where two public streets meet on a block.
The aggregate of all the building facades on one side of a block.
Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind and which is constructed and permanently affixed on the land. Such building includes open decks, open breezeways and any roofed areas. This in no way is to be construed to include a trailer, manufactured home or any other like product. For the purposes of measuring setbacks, eaves and uncovered porches, accessible ramps or steps may encroach into the side, rear and front setbacks for a distance of up to three feet. Improvements made at ground level (patio, pads, deck) are not required to meet setbacks.
A line parallel to the street right-of-way line representing the distance that part of the building must be located. Front porches, stairs and handicap ramps may extend beyond the build-to line up to half their depth. If locating the building at the build-to line is not possible due to setback or buffer requirements of § 170-27 or 170-28, the building shall be located as close to the build-to line as feasible. For parcels with no frontage, the build-to line shall be calculated from the boundary parallel to the nearest street right-of-way line. For parcels with frontage on a tidal waterway, the build-to line may be a 100-foot setback, unless reduced via a conditional use permit from the reference line, no matter the distance to the street right-of-way line.
A term used to indicate the physical size, setbacks, and location of a building upon a lot.
The length along the ground floor of a building front, having frontage on the street, which is occupied by a separate and distinct principal use, or the length along the ground floor of a building side, having frontage on a street, which is occupied by a separate and distinct principal use or by the same principal use which occupies the front of said building.
A person who, by reason of special knowledge of pedological principles acquired by professional education and practical experience as specified by RSA 310-A:84, is qualified to practice soil science and who has been duly certified by the State Board of Natural Scientists.
A nonresidential facility used for the care of children for periods of less than 24 hours per day and/or the provision of educational services commonly associated with preschool, nursery schools or kindergartens. A child-care facility requires Technical Review Committee review.
An occupied, single-family dwelling in which child day care is provided for less than 24 hours per day, except in emergencies. A child-care home is subject to the customary home occupation requirements and requires a customary home occupation certificate of use. There are two types of child-care homes, as follows:
A group child-care home is a child day care for seven to 12 preschool-aged children from one or more unrelated families. The 12 children shall include all children residing with the caregiver in the home, except children 10 years of age or older. In addition to the 12 children, up to five children enrolled in a full-day school program may also be cared for up to five hours per day on school days and all day during school holidays. Applications require Technical Review Committee review and are subject to possible site review and Planning Board approval per § 153-4D of Chapter 153, Site Review Regulations.
A family child-care home is a child day care for up to six preschool-aged children from one or more unrelated families. The six children shall include all children residing with the caregiver in the home, except children 10 years of age or older. In addition to the six children, up to three children enrolled in a full-day school program may also be cared for up to five hours per day on school days and all day during school holidays. A family child-care home for up to three children (at any one time and not including the provider's own children) shall not require a customary home occupation certificate of use and does not require Technical Review Committee review.
A building operated by not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking, or for use approved by the legislative body.
An outdoor area dedicated for public use.
The actual delivery of payment of an assessment of an impact fee to the City of Dover on behalf of an assessed property.
The beginning of the physical construction of an approved structure. Said construction shall include the erection of any portion of a structure above or below grade level.
Excavation of earth intended for commerce, excluding excavation that is strictly conducted for the purpose of alterations, renovation, improvement or construction to the property on which the excavation takes place. Any material leaving the property for whatever reason is considered to be a commercial operation, except agricultural activities, as defined by RSA 21:34-a.
Leisure-time activities conducted at prescribed places, sites, or fields as a principal use, in order to obtain profit for a private group, organization, or individual. For the purpose of this chapter, commercial recreation may include but not be limited to mechanical- and/or electronic-operating games, animated mechanical devices and/or rides and live entertainment, and food concessions will be allowed by permit.
An area of off-street parking where, for a fee or permit, motor vehicles may be stored for the purpose of temporary, daily, weekly, or overnight off-street parking. Said facility may provide shuttle or park-and-ride services.
A planted private frontage wherein the facade is set back from the front property line.
Means an establishment qualified for certification or licensure by the State of New Hampshire which provides resident services to individuals with a developmental disability or an acquired brain disorder. This use shall be permitted by right in all zoning districts.
A residential facility for elderly persons containing individual one- and two-bedroom units. Each unit may also have a kitchenette. The facility shall contain common dining facilities and amenities, such as housekeeping, transportation and organized social and recreational activities, and may include limited medical services on site. This facility is intended for and solely occupied by persons 62 years of age or older and thereby qualifies as housing for older persons under state law.
A lot created solely for the purpose of land conservation. The conservation lot must contain no less than 50% developable uplands, but will have no development rights. The conservation lot may be owned by a private, nonprofit organization, which has as its purpose the preservation of open space, or dedicated to a public entity. Conservation lots must meet the required minimum lot size and setbacks. Conservation lots do not need to meet the minimum frontage requirements. Conservation lots must be created following the regulations outlined in Chapter 157, Land Subdivision Regulations.
Land whose perimeter can be circumscribed without interruption in common ownership except for roads or other easements, wholly within the City, except in the case of stationary manufacturing plants, whose perimeter is not defined by the City's boundaries.
A residential development that provides multiple elements of adult living, including independent living units, assisted-living units and skilled nursing care, enabling residents to live at a single location as their medical needs change over time. This facility is licensed pursuant to RSA 420-D and includes common dining, recreation and health facilities and other common areas; provides services such as medical care and programmed social activities; and may include limited accessory retail and personal services. This facility is intended for and solely occupied by persons 62 years of age or older and thereby qualifies as housing for older persons under state law.
A nonprofit establishment involving the use of a golf course, swimming pool or tennis courts and a structure designed as a center for these activities within which food and drink may be served to members of said club and their guests. The term "country club" shall not be so construed as to include within its meaning any operation conducted with a profit-making intent.
The percentage of area of a lot which is occupied by the physical limits of a building or buildings. Roofed area to the extent of the dripline shall constitute the physical limits of a building.
Vegetation designed to prevent erosion of the soil.
An occupation carried on as a secondary use in a dwelling unit or accessory building by the occupant of such unit.
A sign attached to a screening wall or landscape planter designed and intended to identify an approved multi-lot residential subdivision or multi-tenant site plan, located at the principal vehicular entry points. Also includes a construction sign as a temporary sign, for this purpose.
The legal claim to construct or develop specified land uses within specified densities and/or dimensional limits as granted by this chapter.
Rock that is cut, shaped or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and is used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined below.
The material of which a sign is made is itself illuminated (e.g., neon light).
Service whereby the customer need not leave his vehicle in order to obtain the product offered for sale.
One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for exclusive use of a single family maintaining a household.
A building containing more than four dwelling units.
A detached building, to include MANUFACTURED HOUSING, containing one dwelling unit only.
Sand, gravel, rock, soil or construction aggregate produced by quarrying, crushing or any other mining activity or such other naturally occurring, unconsolidated materials that normally mask the bedrock.
A facility, licensed by the State of New Hampshire, that provides curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.
An institute of higher education that provides a curriculum of academic instruction beyond the high school level, is licensed by the State of New Hampshire, and is accredited by an approved agency.
A residential facility permanently housing six to 12 elderly residents with common dining facilities and accessory uses typically needed by elderly persons. The Zoning Board of Adjustment may increase the number of residents through the granting of a special exception.
Means having installed electrical conduit and stub-outs to accommodate the power requirements of industry-standard EV chargers for future installation.
The capture of energy produced at one time for use at a later time. A device that stores energy is generally called an "accumulator" or "battery." Energy comes in multiple forms including radiation, chemical, gravitational potential, electrical potential, electricity, elevated temperature, latent heat and kinetic. Energy storage involves converting energy from forms that are difficult to store to more conveniently or economically storable forms.
A land area that is used, or has been used, for the commercial taking of earth, including all slopes.
The area within an excavation site where excavation has occurred or is eligible to occur under the provisions of RSA 155-E. This is also known as the "pit area."
Any area of contiguous land in common ownership upon which excavation takes place.
Any excavation that lawfully existed as of August 24, 1979, from which earth material of sufficient weight or volume to be commercially useful had been removed during the two-year period before August 24, 1979.
Any tower or antenna lawfully constructed or permitted prior to the adoption of this chapter. Additionally, any tower or antenna lawfully constructed in accordance with this chapter that predates an application currently before the Planning Board.
"Expansion of existing excavations" means excavation beyond the limits of the City and the area which on August 24, 1979, had been contiguous to and in common ownership with the excavation site and has been appraised and inventoried for tax purposes as part of the same tract as the excavation site.
"Expansion of stationary manufacturing plants" means to any contiguous lands which were in common ownership with the site of the plant on August 4, 1989.
Any action which shall cause the floor area or volume of a structure to be increased.
The enlargement of a business, industrial or residential activity beyond the limits in use at the time this chapter was passed.
A separate light fixture that shines onto a sign in order to illuminate it.
An acronym meaning "Federal Aviation Administration."
See RSA 21:34-a, I. See also the definition of "agriculture."
Animals that are commonly raised or kept in an agricultural setting, including, but not limited to, chickens, roosters, turkeys, ducks, pigs, sheep, goats, horses, cows, cattle, llamas, emus, ostriches, donkeys, mules, buffalo, bison, alpacas, elk, deer and reindeer; provided, however, that chickens, sheep or goats totaling six or fewer shall not be considered to be included.
Animals commonly raised or kept by a family for noncommercial purposes on a lot containing a one- or two-family dwelling. Includes chickens, sheep or goats totaling six or fewer, but does not include roosters.
An acronym meaning "Federal Communications Commission."
A freestanding structure of metal, masonry, composition of wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
Any directly or indirectly illuminated sign which changes the intensity of illumination so as to result in changes in light, color, direction or animation. Included in this definition shall be electronic changeable message boards or signs of similar technologies, excluding those deemed necessary for the public safety and welfare by federal, state or municipal authorities.
The sum of the gross horizontal areas of all floors of any building or buildings on a lot measured from the exterior walls. In particular, the floor area shall include:
In dwellings, any basement space designed to be used for residential purpose.
In other than dwellings, any basement or cellar space used for any purpose.
In all buildings, interior balconies, mezzanines, roofed porches or terraces and all spaces other than basement or cellar spaces with structural headroom of at least seven feet.
A sign permanently erected on a freestanding frame, mast or pole and not attached to any building. A-frame signs shall not be considered freestanding but rather temporary signs. Each individual tenant panel on a multi-tenant sign shall require a sign permit and shall be counted towards each tenant's permitted number of signs and sign area.
The linear distance measured along the front lot line between the points of intersection with the side lot lines. Frontage along culs-de-sac shall be the linear distance at the appropriate front yard building setback depth from the front lot line between the points of intersection with the side lot lines. For the purpose of measurement, lot frontage shall be continuous and measured along the joining boundary of the front lot line and a public right-of-way.
In the Central Business District, "frontage" means the area between a building facade and the public street, inclusive of its built and planted components.
A private frontage conventional for retail use wherein the facade is aligned close to the front property line with an attached, cantilevered shed or lightweight colonnade overlapping the sidewalk.
A system generating electricity by tapping into steam or hot water reservoirs underground; the heat is used to drive an electrical generator.
Means any temporary sign, to include banner-type signs, which is installed prior to the initial opening of a new business. Such signs shall not exceed twenty-four (24) sf. in total and shall be installed for a period not to exceed two (2) weeks.
The street level floor of a structure.
A system installed on the ground rather than on the roof of a building. This allows the solar panels to be placed anywhere on the property and mounted at any height, from a few inches to many feet off the ground. Ground-mounted solar may include motorized ground-mounts that track the sun throughout the day, ensuring the panels are facing the sun at all times, as well as panels attached to stand-alone carports.
A group boarding home for minor children and others attending Grades K-12 which is issued a general or intermediate license by and operated in accordance with standards promulgated by the State of New Hampshire Department of Health and Human Services. Such use may include accessory uses, such as educational and counseling programs, which are directly related to the primary purpose of the home.
A material, waste or combination of materials or wastes which, because of the quantity, concentration or infectious characteristics, may cause or significantly contribute to illness or present a substantial hazard to health, safety or welfare or to the environment.
When referring to a telecommunications tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure or appurtenance, even if said highest point is an antenna or other appurtenance.
The vertical distance measured from the average grade level adjoining the building to the highest level of the roof surface or front parapet, whichever is greater. Television and radio receiver antennas and photovoltaic systems as well as church steeples shall not be included in this calculation.
A map prepared using the methods prescribed by the Society of Soil Scientists of Northern New England, in the publication High Intensity Soil Maps for New Hampshire, January 1987, as amended.
The sale of products associated with raising poultry, bees or like animals, or harvesting of herbs, flowers or vegetables/fruit. Products must be grown on site and may be sold either in raw or value-added forms.
A building consisting of 10 or more rooms accessed by a common hallway and designed for or used commercially as temporary living quarters for persons who are lodged with or without meals.
A fee or assessment imposed upon development, including subdivision, building construction or other land use change, in order to help meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the City of Dover or the Dover School District, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; stormwater, drainage and flood-control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities, not including public open space.
A stream that flows for sufficient times of the year to develop and maintain defined channels but which may not flow during dry portions of the year.
Illumination that is located within a translucent or otherwise diffusive sign material.
An open area where waste or used or secondhand materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. The term "junkyard" shall not include uses established entirely within enclosed buildings.
Any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two or more unregistered motor vehicles which are no longer operable or in condition for legal use on the public highways or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded or secondhand material which has been a part or intended to be a part of any motor vehicles, the sum of which parts or materials shall be equal in bulk to two or more motor vehicles. "Motor vehicle junkyard" shall also include any place of business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is intended to burn materials which are parts of a motor vehicle or cut up the parts thereof.
Any building(s) or land operated as a business for the boarding, breeding, training, or selling of five or more dogs, cats or other household pets.
The area unoccupied by pavement or structures and open to the sky in either a landscaped or grassed condition. May include recreational fields, lawns, and public parks that do not possess significant conservation features.
All manufacturing and assembly processes carried on completely within a structure and involving no permanent outside storage of equipment or materials (except as a customary accessory use in connection with the permitted activities with the structures), unless such storage is approved by the Dover Planning Board. This term shall not be interpreted to include any industry, the operations of which shall result in significant objectionable noise, glare, vibration or odor which would constitute a nuisance in an industrial district and which exceed the maximum levels of adjacent activities.
A berth designed for the onloading and off-loading of trucks and other commercial vehicles.
A parcel of land which fronts on and has ingress and egress by means of a public vehicular right-of-way and is occupied by, or is intended to be occupied by, one principal building and its accessory buildings or uses customarily incidental to it, together with such open spaces and yards as are required by this chapter. More than one principal building may be placed on a lot located in the Central Business or Gateway District. More than one principal building may also be placed on a lot in all other districts with Planning Board approval for nonresidential developments, multifamily dwelling developments, and open space subdivisions.
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
The width of a lot along a straight line parallel to the front street line and lying at a distance from said street line equal to the required minimum front yard setback for said lot.
A lot abutting upon two or more streets at their intersection. The side of the corner lot that fronts on the street that provides the address for the property shall be considered the front, and the side(s) of the corner lot that front on any other streets shall be considered the abut-a-street.
Any structure, 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, is 320 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.
Any plot of ground upon which two or more manufactured homes, occupied for dwelling or sleeping purposes, are located.
A facility for storing, servicing, fueling, berthing, securing and launching of private pleasure marine craft that may include the sale of fuel and incidental supplies for boat owners, crews and guests.
The tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment for anemometers and vanes, data loggers, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purpose of this chapter, "MET tower" shall refer only to those whose purpose is to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.
In relation to a small wind energy system, means any change to the system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.
A building consisting of 10 or more rooms having direct outside access and designed for or used commercially as temporary living quarters for persons who are lodged with or without meals.
A grouping of structures with more clearly evident relationship to one another than to other structures in the community.
The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's alternative energy system that is fed back into the electric distribution system over a billing period.
An activity that results in:
The creation of a new dwelling unit or units;
The conversion of a legally existing use, or additions thereto, which would result in a net increase in the number of dwelling units;
Construction resulting in a new nonresidential building or a net increase in the floor area of any nonresidential building; or
The conversion of an existing use to another use if such change creates a net increase in the demand on public capital facilities that are the subject of impact fee assessments.
New development shall not include the replacement of an existing manufactured home or the reconstruction of a structure that has been destroyed by fire or natural disaster where there is no change in its size, density or type of use, and where there is no net increase in demand on public capital facilities.
A lawful use that does not conform to the prescribed use regulations of the district in which it is located.
A factor generally recognized to be undesirable, such as odor, noise, glare or vibration.
A residential facility for elderly persons that is licensed by the state, containing a common dining facility and accessory uses typically needed by elderly residents.
Those public facility improvements that are necessitated by a development but which are located outside the boundaries of the property that is subject to a subdivision plat or site plan approval by the Planning Board. Such off-site improvements shall be limited to any necessary highway, drainage, and sewer and water upgrades pertinent to that development.
Parking facilities located in City or privately owned lots and structures.
A place of business which may fall under the following categories:
Accessory. An office facility that is incidental and accessory to another business or sales activity that is the primary use of the structure or site.
Administrative business professional. An establishment providing direct, over-the-counter services to consumers (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. This use includes accounting, auditing and bookkeeping services; advertising agencies; airline, lodging, chain, and rental car company reservation centers; architectural, engineering, planning and surveying services; attorneys; legal services; commercial art and design services; computer software and hardware design; counseling services; court reporting services; data processing services; detective agencies and similar services; educational, scientific and research organizations; employment, stenographic, secretarial and word processing services; insurance claim processing; literary and talent agencies; mail order and e-commerce transaction processing; management and public relations services; media postproduction services; photography and commercial art studios; police facility used as an office where there are no jail detention facilities or storage of vehicles except the parking of police cars; psychologists; telecommunications facility design and management; telemarketing; and writers' and artists' offices.
Government. An administrative, clerical, or public contact office of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles.
Medical. An office or health facility providing health services, including, without limitation, preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic and psychiatric services, and medical or dental laboratories incidental to these offices, but excludes inpatient services and overnight accommodation.
Land that is not built upon or substantially altered by human activity, including open fields, such as meadows and farmland, and forest as well as undeveloped shorelands and water bodies. No more than 35% of any required open space may be comprised of any protected overlay zone such as wetlands, buffers to wetlands, steep slopes, or no-cut/no-disturb buffers.
The line on shore, running parallel to the main stem of the river, established by the fluctuations of the water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristic of the surrounding areas.
See "accessory structure."
A low, protective wall or railing along the edge of a raised structure such as a roof or balcony.
An off-street area available with paved surface, accessible and suitable for parking one motor vehicle.
A commercial use, the primary concern of which is the rendering of services rather than the sale of products. "Primary concern" shall mean less than 50% of the revenues from such commercial use shall be gained from the sale of products. A personal service establishment shall not be construed to include a gasoline service station.
The Planning Board of the City of Dover.
A private frontage set back from the front property line with an attached porch permitted to encroach beyond the build-to lines.
The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.
The main building on a lot, usually located toward the frontage.
A sign attached to a building with the plane of the sign at an angle to the plane of the wall of the building.
Works of art in any media that have been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outside and accessible to all.
A parcel of land essentially unimproved and principally intended for open space preservation, natural resource conservation, or similar uses. For the purposes of this chapter, City parks that do not include public recreation facilities constitute public open space.
Leisure-time activities open to the public, subject to reasonable limitations as to participation, and conducted at prescribed places, sites or fields by nonprofit corporations or charitable organizations. The nonprofit organization or charitable organization may either rent or own the site. Food concessions will be allowed by permit.
The land and facilities owned or operated by the City of Dover, other than public open space, that are used or designed for the conduct of recreational sports or recreation programs, and which include equipment or substantial improvements to the land to provide indoor or outdoor public recreation opportunities. Public recreation facilities may also include those portions of public open space parcels that are improved with developed trail systems for uses such as hiking or cross-country skiing.
Open to public view or access.
A structure or part of a structure, with office space and production facilities, which is used for producing newspapers, magazines, books and/or other related published materials. For the purpose of this definition, production facilities shall include a printing press and/or similar equipment.
The private back portion of a property.
A defined area within a TDR District to which development rights are transferred resulting in more efficient and intense use of suitable development sites.
The restoring of an excavation site to a standard at least equal to those outlined in § 170-43.
A zoning map or set of maps that shows the sub-districts subject to regulation by § 170-20.
The revoking of the approved extraction permit by the Planning Board. The revocation requires ceasing operations until such time as the owner or operator can bring the operation into compliance and subsequently reapply for permitted status with the Planning Board at a regular meeting using standard application steps as outlined in this chapter.
A public or private area that allows for the passage of people, goods, and/or utilities. A public right-of-way is a right-of-way that is dedicated or deeded to the public for public use and under the control of a public agency.
The lines that form the boundaries of the right-of-way.
An accessory use where permitted agricultural products grown on site are sold.
A photovoltaic system that generates electricity by capturing solar energy and is mounted on the rooftop of a residential or commercial building or structure.
An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways and service porches.
Any building in which rooms are rented, leased or otherwise made available for compensation to not more than 10 persons, for longer than one night, but not requiring a long-term lease, said rooms being for a sleeping purpose and containing communal bathroom facilities and cooking facilities.
A building or a group of buildings consisting of individual, self-contained units of various sizes rented or leased for self-storage of customers' property. Internally accessed facilities shall be considered warehousing but still are required to have the parking and screening requirements of externally accessed self-storage facilities.
A defined area within a TDR District from which development rights are transferred, resulting in the permanent preservation of lands possessing significant conservation features.
An establishment to be used as a gathering place for a group of citizens organized for a nonprofit purpose.
The area of a lot measured from the lot line to a building facade or elevation that is maintained clear of permanent structures, with the exception of allowed encroachments for stairs or porches.
The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.
A private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the front property line with the building entrance at sidewalk grade.
Any building containing five or more tenants and containing more than 50,000 square feet of gross floor area.
The paved section of the public frontage dedicated to pedestrian activity, cafe seating, and other street furniture.
Any name, identification, description, display, or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land, in view of the general public, and which directs attention to an object, product, place, activity, person, institution, organization or business.
The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such perimeter which do not form an integral part of the display. For projecting or double-faced signs, only one display space shall be measured in computing total surface area where the sign faces are parallel or where the interior angle formed by the faces is 90° or less. For freestanding signs, sign area does not include any portion of the sign displaying the building address.[1]
Professionally rendered drawings which delineate a proposed nonresidential, multifamily or manufactured home development. Said plan shall include property lines, location of buildings, means of ingress and egress, access to off-site parking and all provisions as outlined in this chapter and Chapter 153, Site Review Regulations, of the Code of the City of Dover.
The ratio of vertical distance to horizontal distance (rise divided by run), usually expressed in percent or degrees. Slope is measured over horizontal distances of 20 feet or more, utilizing elevations at two-foot contours.
A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and will be used primarily for on-site consumption.
Pursuant to a structure means that the structure in question is proven to be physically capable of supporting the industry standards for nominal loads of a roof-mounted solar array in proportion with the size and use of the structure, including electrical conduit access from the service panel to the future array location.
A civic space designed for unstructured recreation and civic purposes, spatially defined by building frontages and consisting of paths, lawns and trees.
Facilities that are placed on a site for the purposes of sorting, washing, screening, crushing, classifying, drying or processing excavated earth materials.
A private frontage wherein the facade is aligned close to the front property line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance.
A City thoroughfare for vehicle access.
Benches and other structures incorporated into the streetscape for use by pedestrians.
Pedestrian-scale lighting incorporated into the streetscape and in parking facilities to promote safe travel during evening hours.
The physical elements along a street, including trees, benches, waste bins, and bike racks.
Canopy trees used to reinforce the area along vehicular streets where pedestrian activities are encouraged.
A freestanding wall built along the front property line. It may mask a parking lot from the street, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.
A framework of support.
The ordered cessation of that portion of an extraction operation that is in violation of this chapter until such time as the owner or operator can demonstrate compliance to the Zoning Administrator.
The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.
An area defined as a "zoning overlay district," which includes a sending area and a receiving area for the purpose of transferring development rights from a parcel within the sending area to a parcel within the receiving area.
Any structure, antenna, tower, or other device which provides licensed commercial mobile wireless services, cellular telephone services, specialized mobile radio communications (SMR), enhanced specialized mobile radio communications (ESMR), personal communications service (PCS), paging, and similar services marketed to the general public.
A sign(s) customarily located on a trailer or similar wheeled apparatus, whether self-propelled or pulled by another vehicle, which is not permanently affixed to the ground. A-frame, sandwich board, inflatable, and other signs not permanently affixed, directly or indirectly, upon a building, structure, or land and not otherwise referenced under the definition of "freestanding sign," "projecting sign" or "wall sign" shall also be considered as temporary signs.
A private frontage set back from the front property line by an elevated terrace or sunken lightwell which is permitted to encroach beyond the build-to lines.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term also includes commercial radio and television transmission towers, microwave towers, common carriers towers, cellular telephone towers, alternative tower structures, and similar structures.
The monopole, guyed monopole or lattice structure that supports a wind generator.
The height above grade of the fixed portion of the tower, excluding the wind generator.
The conveyance of the development rights of a parcel of land by deed or other legal instrument approved by the Planning Board to the developer of another parcel. Said legal instrument shall be recorded at the Strafford County Registry of Deeds.
The area of a site that includes wetlands, water bodies, slopes exceeding a grade of 20% and totaling more than 2,000 square feet of contiguous area, land used for septic systems, floodways, areas within 25 feet of a designated burial ground, and floodway fringe within the 100-year floodplain as shown on the latest FEMA maps accepted by the City, and public utility easements.
An unenclosed space on which three or more used cars are stored or offered for sale.
An establishment, the principle use of which is to provide for the sale of gasoline fuel (including but not limited to gasoline, diesel, natural gas, electricity or hydrogen) and oil to individual vehicles and retail sale of products required for motor vehicle maintenance such as oil, transmission fluid, brake fluid, polish, wax, fuel additives and treatments, wipers, tires, batteries, windshield wiper fluid, cleaning fluids and similar items. The retail sale of propane and kerosene is also allowed. The retail sale of over-the-counter retail consumer merchandise and drive-through service may also be allowed.
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 14 inches from the building wall.[2]
Only includes the activity of storing wares or goods by the occupant in his own behalf or for the benefit of others.
A facility designed for storing, servicing, fueling, berthing, securing and launching of excursion boats and water shuttles for the purpose of transporting passengers.
Those uses and facilities which require direct access to, or location in, marine or tidal waters and which, therefore, cannot be located inland.
A facility devoted to the provision of educational resources and materials and/or displays. Such a facility may include but not be limited to a museum, aquarium, and aquaculture facility.
The manual used to conduct a functional evaluation of the wetland in order to obtain a conditional use permit as required by § 170-28, Wetland Protection District, of this chapter. This handbook shall be adopted and amended, as required, by the Planning Board after a public hearing. Notice for said public hearing shall be published in a newspaper of general circulation and posted in three places at least 15 days prior to the hearing.
Only includes the activity of storage, repacking, sale and/or distribution of commodities in bulk quantities to jobbers, retailers, processors and manufacturers and shall not allow the sale and/or distribution of commodities to consumers on a retail basis.
The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
A sign affixed to, or within one foot of, a window, intended to be visible and readable from the right-of-way or from adjacent property.
An open, unoccupied space on a lot between the street line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.
An open, unoccupied space on a lot between the rear lot line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.
An open, unoccupied space on a lot between the side lot line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located.
The Zoning Board of Adjustment of the City of Dover, as provided in RSA 673:3.
[1]
Editor's Note: See Figures 8 and 9 of the Sign Diagrams, Part II, included as an attachment to this chapter.
[2]
Editor's Note: See Figure 10 of the Sign Diagrams, Part II, included as an attachment to this chapter.