[Amended 3-10-2020 ATM, Art. No. 2; 3-13-2018 ATM by Amdt. No. 5; 2-2-2019 ATM, Art. 03, adopted 3-12-2019; 3-10-2020 ATM, Art. No. 2; 3-10-2020 ATM, Art. No. 3; 3-9-2021; 3-12-2024 ATM by Art. 35; 3-11-2025 by Amdt. No. 23; 3-11-2025 by Amdt. No. 25; 3-11-2025 by Amdt. No. 29]
The following words have the following meanings for the purposes of this chapter and do not affect or supersede definitions contained in any other TOWN ordinance or regulation.
A
ABANDONMENTThe visible or otherwise apparent intention of an owner to discontinue a use of a structure or LOT.
ABUTTERAny person whose property adjoins or is directly across the street or stream from the land under consideration by the Board. "Directly across the street or stream" shall be determined by lines drawn perpendicular from all pairs of corner boundaries along the street or stream of the applicant to pairs of projected points on any property boundary across the street or stream that intersect these perpendicular lines. Any property that lies along the street or stream between each pair of projected points or is within 50 feet of any projected point shall be considered an abutter. If an abutting property is under condominium or other collective form of ownership, the officers of the collective or association as defined in RSA 356-B:3, XXIII, shall receive the formal notification. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a manufactured housing park form of ownership as defined in RSA 205-A:1, II, the term "abutter" includes the manufactured housing park owner and the tenants who own manufactured housing which adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for the purpose of notification, the term "abutter" shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration.
ACCESSThe right vested in the owner of land to enter and return from that land without obstruction to and from a public way.
ACCESSORY DWELLING UNIT (ADU)A residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal DWELLING UNIT it accompanies, as defined in RSA 674:71.
ADULT BOOKSTORE or ADULT VIDEO STOREA SEXUALLY ORIENTED BUSINESS that devotes 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-ROM's or other forms of visual or audio representations which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1; or
B. Instruments, devices or paraphernalia which are designed for use in connection with "sexual conduct" as defined in NH RSA 571-B:1, other than birth control devices.
ADULT CABARETA type of SEXUALLY ORIENTED BUSINESS that is a nightclub, bar, restaurant, or similar establishment which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1, and/or feature films, motion pictures, videocassettes, DVDs, Blu-Ray discs, electronic media and storage devices, slides or other photographic or electronic 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 NH RSA 571-B:1.
ADULT DRIVE-IN THEATERA type of SEXUALLY ORIENTED BUSINESS that is an 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 materials are shown which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
ADULT USE ESTABLISHMENTA type of SEXUALLY ORIENTED BUSINESS that is an establishment offering goods, services or accommodations distinguished or characterized by an emphasis upon the depiction of materials which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
ADULT MOTION-PICTURE ARCADEA type of SEXUALLY ORIENTED BUSINESS that is any place to which the public is permitted or invited wherein coin-, token- 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 the images so displayed are devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
ADULT MOTION-PICTURE THEATERA type of SEXUALLY ORIENTED BUSINESS that has 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 NH RSA 571-B:1, for observation by patrons.
ADULT THEATERA type of SEXUALLY ORIENTED BUSINESS that is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which for any form of consideration regularly features live performances, which are distinguished or characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
ALTERNATIVE FACILITIES/TECHNOLOGIES (TELECOMMUNICATIONS)Innovative siting techniques for use with commercial wireless telecommunication facilities such as artificial trees, clock towers, bell towers, steeples, light poles and similar alternative design mounting structures which camouflage or conceal the presence of antennas, towers or facilities; as well as utility pole and cable-based technologies.
ALTERNATIVE ENERGY SYSTEMSALTERNATIVE ENERGY SYSTEMS include wind, solar, geothermal, fuel cell, hydroelectric and other similar energy production systems. See:
A. METEOROLOGICAL TOWER (MET TOWER).
F. SMALL WIND ENERGY SYSTEM.
G. SMALL WIND ENERGY SYSTEM HEIGHT.
H. SMALL WIND ENERGY SYSTEM TOWER.
ANTENNAThe radiating system used to perform or achieve (transmit and/or receive) a desired communication or telecommunication service.
APPLICANTThe person, persons, corporation or other legal entity, or their assigns, applying for a VARIANCE, SPECIAL EXCEPTION or APPEAL OF ADMINISTRATIVE DECISION.
AWNINGA cover or appurtenance that is permanent, retractable, temporary or portable in nature and is attached to and wholly supported by a building or other structure.
AWNING SIGNA sign painted on or attached flat or flush against the surface of the awning, but not extending above, below or beyond the awning or attached to the underside.
BANNER SIGNA temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. Flags and insignias containing only markings of any government, corporation or business are not considered "banners" and are defined separately as "flags."
BEST MANAGEMENT PRACTICEThe standard described in the current of Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire prepared by United States Department of Agriculture Soil Conservation Services.
BMPSee "BEST MANAGEMENT PRACTICE."
BOARD, ZBA or ZONING BOARD OF ADJUSTMENTUnless otherwise specified, "BOARD" or "ZONING BOARD OF ADJUSTMENT" means the Town of Hudson, NH, ZONING BOARD OF ADJUSTMENT as appointed by the Town Selectmen.
BOGA wetland distinguished by stunted evergreen trees and shrubs, the presence of peat deposits and/or highly acidic soil and/or water conditions as defined in the New Hampshire Code of Administrative Rules issued by the New Hampshire Wetlands Board.
BUFFERThe protected upland areas adjacent to wetlands and surface waters in the Wetlands Conservation Overlay District.
BUILDINGAny structure used or intended for supporting or sheltering any use of occupancy.
BUILDING CERTIFICATEA certificate obtained from the Planning Board entitling the holder to obtain one building permit for one dwelling unit. Dwelling units, as defined in this article, include single-family homes and duplexes on individual lots, as well as individual condominium units and apartments in multifamily structures shown on approved site plans. A building certificate is valid for a period of two years from the date of issuance, by which time it must be redeemed for a building permit, or expire.
BUILDING, ACCESSORYA building in which a use that is customarily incidental and subordinate to that of the principal use is being conducted, including temporary or portable structures.
BUILDING, ATTACHEDA building having any portion of one or more walls or roof in common with adjoining buildings.
BUILDING, DETACHEDA building not sharing any walls or portions of any walls or roof with adjoining buildings.
BUILDING LINEThe perimeter of that portion of a building nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the building of structure.
BUILDING SETBACKThe minimum required distance between the property line and the building line.
BUILDING SIGNAny sign affixed, mounted, attached to or painted onto the exterior of a building, including awnings, canopies, roof-mounted and projecting signs.
CANOPYA temporary or permanent covered structure, the primary purpose of which is to shield the area beneath it from the elements, and which is supported by posts, poles, columns or other elements directly on or into the ground.
CAR CANOPYA freestanding, lightweight structure used to house vehicles and constructed of tube framing and is partially covered by a canvas, polyethylene or other woven or nonwoven fabric or sheeting cover. This type of structure typically has no side walls and can be easily disassembled and moved. See also "CANOPY."
CERTIFIED SOILS SCIENTISTA professional soils scientist currently certified by the state of New Hampshire pursuant to New Hampshire state statutes and licensed to practice in the state.
CERTIFIED WETLANDS SCIENTISTA person qualified to delineate wetland boundaries and prepare wetland maps who is currently certified by the State of New Hampshire Board of Natural Scientists, as defined by RSA 310-A:76, II-a.
CHILD DAY CAREThe care and supervision of a child away from the child's home and apart from the child's parents.
CHILD DAY-CARE AGENCYAny person, corporation, partnership, voluntary association or other organization, either established for profit or otherwise, which regularly receives for child day care one or more children, unrelated to the operator or staff of the agency. The total number of hours in which a child may remain in child day care shall not exceed 13 hours per day, except in emergencies. The types of child day-care agencies are defined as follows:
A. PRESCHOOL PROGRAMA child day-care agency providing care and a structured program for children three years of age and older who are not attending a full-day school program. The total amount of hours a child may be enrolled in a preschool program shall not exceed five hours per day.
CERTIFIED SOILS SCIENTISTA professional soils scientist certified by the State of New Hampshire pursuant to New Hampshire state statutes and licensed to practice in the state.
CERTIFIED WETLANDS SCIENTISTA professional wetland scientist certified by the State of New Hampshire pursuant to New Hampshire state statutes and licensed to practice in the state.
CO-LOCATION, CO-LOCATED (telecommunications — ANTENNA)The placement of more than one ANTENNA or INTEGRATED ANTENNA ARRAY on a supporting structure, and appurtenant equipment and devices on the supporting structure and/or ground, necessary to perform or achieve a desired telecommunication service or radio service which is discrete from any other telecommunication or radio service(s) located on the same supporting structure.
COMMERCIAL TRAILERShall mean a trailer that is designed to be hitched or attached to, or lifted and to transport, carry, haul, or store property, goods, cargo, or other commercial items.
COMMERCIAL WIRELESS TELECOMMUNICATION FACILITYAny structure, ANTENNA, MAST, tower or other device used to provide a discrete commercial telecommunication service by a single provider or multiple CO-LOCATED providers to a broad base of usually unrelated users; generally including, but not limited to, cellular telephone, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR) and paging.
CONFORMING LOTA parcel of land capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat as defined in the TOWN Code.
CONTRACTORS YARDA lot or portion of a lot used for outdoor storage of construction materials or construction equipment customarily required in the building trade by a construction contractor.
DAY-CARE NURSERYA child day-care agency in which child day care is provided for any part of a day, for five or more children under the age of three years.
DIRECTIONAL SIGNSigns identifying entrances, exits, parking areas or loading docks or providing other messages necessary to direct vehicles and pedestrians through or within a site.
DIRECTORY SIGNSigns which identify or locate the occupants of buildings.
DISTRICTAn area of land within the TOWN designated as one of the five land use classifications in §
334-9 of this ordinance.
DUPLEXA residential principal building with two DWELLING UNITS, separated either vertically or horizontally, by a fire wall, and with each unit having its own separate entrance.
DWELLING UNITOne or more rooms arranged for living, sleeping and cooking purposes with sanitary facilities for the use of one or more individuals living as a single housekeeping unit.
ELECTRONIC CHANGING SIGNElectronic message center (EMC), electronic message sign (EMS) and changeable copy board (CCB) signs that display illuminated messages that can change frequently, can flash, display and/or convey messages in text, graphics, pictures, symbols, multiple colors, rhythms, animation and/or patterns. This sign's message may be changed by the electronic switching of lamps, illuminated tubes, bulbs and/or through the apparent movement of light. These signs are capable of storing and/or displaying single or multiple messages in various formats at varying intervals. Definitions related to ELECTRONIC CHANGING SIGNS are:
A. BRIGHTNESSAlso known as "intensity"; the LED Industry measures display intensity in candelas per square meter, which is also referred to as "NITS."
B. DIMMINGThe ability to increase or decrease the overall display intensity brightness.
C. DIODEAlso called "light-emitting diode" (LED) or "surface-mounted diode" (SMD).
D. LED (LIGHT-EMITTING DIODE/SMD)A solid-state component that uses a semiconductor (a silicon chip or some type of semiconductor) that emits visible light when electric current passes through it.
E. LUMINANCEThe amount of light that passes through or is emitted from a particular area. The SI unit for luminance is candela per square meter.
F. NIT or NITSA luminance-measuring unit equal to one candela (one candle) per square meter measured perpendicular to the rays from the source.
G. SI UNITAn abbreviation for the International System of Units.
H. TEXTAny form in which writing exists.
ENGINEER or SURVEYORThe designated, legally recognized engineer or surveyor of the APPLICANT, licensed by the State of New Hampshire, as may be pertinent to the actual services to be performed in accordance with the provisions of RSA 310-A:1 et seq. and as amended.
EXTERIOR DISPLAYThe placement of goods for sale or for advertisement, outside of the building or structure, including but not limited to vehicles, garden supplies, gas, tires, motor oil, food and beverages, whether or not contained in vending machines, boats, farm equipment, motor homes and clothes.
EXTERIOR ILLUMINATED SIGNA sign illuminated by an external electrical source similar, but not limited to, an uplight spotlight or top-hung art light. The external electrical source may be turned on/off manually.
FAIR-SHARE REGION AVERAGE GROWTH RATE (FSRAGR)Average annual percentage increase in residential building permits issued in the six adjacent municipalities of Litchfield, Londonderry, Nashua, Pelham, Windham and Tyngsborough, MA, for the preceding five-year period.
FAMILY DAY-CARE HOMEAn occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for up to six children from one or more unrelated families. The six children shall include any foster children residing in the home and all children who are related to the caregiver except children who are 10 years of age or older. In addition to the six children, up to three children attending 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.
FAMILY GROUP DAY-CARE HOMEAn occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for seven to 12 children from one or more unrelated families. The 12 children shall include all children related to the caregiver and any foster children residing in the home, except children who are 10 years of age or older. In addition to the 12 children, up to five children attending 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.
FEEPAYERThe person, whether individual or corporate, who pays an impact fee in conjunction with the issuance of a building permit or occupancy permit.
FLASHING SIGNAny directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever; does not include electronic changing signs (message center).
FREESTANDING SIGNAny sign not affixed or attached to a building which is established on a freestanding frame, mast or pole.
FRONTAGEThe distance measured along the FRONT LOT LINE between points of intersection with the SIDE LOT LINES. FRONTAGE along cul-de-sac roadways (HIGHWAYS) shall be measured at the appropriate yard building SETBACK depth from the FRONT LOT LINE between the points of intersection with the SIDE LOT LINES. "FRONTAGE" shall be contiguous and measured along the joining boundary of the FRONT LOT LINE and a Class V or better public RIGHT-OF-WAY. Lot lines bordering limited access roads cannot be considered "FRONTAGE." FRONTAGE shall be capable of providing ACCESS.
GENERAL RETAILRetail stores and service establishments other than those listed in the Table of Permitted Principal Uses.
GROUP CHILD DAY-CARE CENTERA child day-care agency in which child day care is provided for preschool children and up to five school-age children, whether or not the service is known as day nursery, nursery school, kindergarten, cooperative, child development center, day-care center, center for the developmentally disabled, progressive school, Montessori school, or by any other name.
GUY WIREA cable-type appurtenant device which is used to secure and steady a tower or mast; and includes all hardware which attaches the cable to the tower or mast and to the ground.
HEIGHT (GENERAL USE)The distance measured from the ground adjacent to the structure, or some other alternatively specified point, up to the highest point of a BUILDING, ANTENNA, STRUCTURE or a supporting structure.
HIGHWAYAny travelway, dedicated to or accepted by the Town, whether improved or unimproved, within the TOWN OF HUDSON that is available as public use for travel, regardless of whether or not its popular or legal name contains the term "street," "highway," "road," "roadway," "route," "avenue," "boulevard" or other such nomenclature, which shall include any Class VI roads within HUDSON. In this code, the terms street, road, route, roadway or avenue may be used interchangeably with HIGHWAY.
HOME OCCUPATIONThe accessory use of a residence for business purposes which is clearly incidental to the principal residential use, provided that the use does not significantly change the residential character or function of the property.
HOUSING FOR OLDER PERSONSHousing that qualifies as "Housing for Older Persons" as defined in §
334-70 and developed according to the provisions of § 334-71 of the Town of Hudson Zoning Ordinance.
HUDSONThe TOWN of HUDSON, New Hampshire.
INFLATABLE OR BALLOON SIGNA sign that inflates with air or helium to display advertisements or promotional activities typically known as, but not limited to, tubes, tubes in motion, inflatables, rotatable inflatables or rooftop balloons.
INTERIOR ILLUMINATED SIGNA sign that has an internal light source (such as LED, neon or bulb) that may be turned on/off either manually or by remote control and used to display text that is manually affixed to and/or manually changeable in an external message area.
JUNKAny material, such as, but not limited to, discarded metal, glass, paper, building debris, demolition debris, salvage materials, rubber, textiles, rubbish or trash or junked, dismantled or wrecked motor vehicles or motor vehicle parts.
JUNKYARDA commercial establishment or place of business which is used for storing, keeping, buying or selling junk but not including approved solid waste disposal facilities or registered motor vehicle dealers.
JUNKYARD, MOTOR VEHICLEAny place of storage or deposit, whether in connection with another business or not, which has two or more unregistered motor vehicles which are no longer fit for legal use on public highways or any combination of motor vehicle parts or materials, the sum of which in build is equal to or greater than two or more motor vehicles.
LED SIGNA sign that uses light-emitting diodes to form numbers, as in digital clocks, transmit information to the sign from remote controls, form text images and/or illuminate from tiny bulbs that fit into an electrical circuit.
LOTA single contiguous parcel of land. (See also CONFORMING and NONCONFORMING)
LOT, CORNERA corner lot is defined as a lot located at the intersection of two HIGHWAYS that has frontage on each HIGHWAY.
LOT LINE, FRONTThe property line dividing a lot from any street (HIGHWAY) or public RIGHT-OF-WAY without regard to the arrangement or orientation of buildings or structures on the lot.
LOT LINE, REARThe property line opposite the front lot line, except in the case of corner lots where the owner has the option of choosing which of the property lines not contiguous with streets (HIGHWAYS) or public RIGHTS-OF-WAY is to be considered the "rear lot line."
LOT, NONCONFORMINGA lot lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which is not in conformity with all provisions of this chapter. Notwithstanding the minimum lot area requirements set forth in §
334-27, in any DISTRICT in which structures are permitted, a structure may be erected on a lot which was a LEGAL LOT OF RECORD, even though such lot fails to meet the present requirements for frontage or area, or both, that are applicable for that use in the DISTRICT allowed; provided, however, that such lot is not contiguous with another lot or lots in the same ownership, provided that the property is either on Town sewer or the property owner obtains a state and/or municipal septic permit, and further provided that the zone's minimum front, side and back yard SETBACKS are satisfied.
LOT OF RECORDLand designated as a separate and distinct parcel prior to the date of posting (November 3, 2000) of this article either in a legally recorded deed filed with the Hillsborough County Registry of Deeds or lots or units described as part of a subdivision or site plan recorded at the Hillsborough County Registry of Deeds prior to the date of posting. For the purpose of this article, a lot of record shall also be defined to include separately defined condominium units, as well as individual units in duplexes and multifamily structures, shown on site plans and/or subdivision plans accepted for review by the Hudson Planning Board prior to the date of posting.
LOT, THROUGHAn interior lot, the FRONT and REAR LOT LINES of which abut streets (HIGHWAYS), or a corner lot two opposite lines of which abut streets (HIGHWAYS); any lot that has street (HIGHWAY) frontage along two or more nonadjacent LOT LINES.
MANUFACTURED HOUSINGA home built entirely in a factory under the federal building code administered by the Department of Housing and Urban Development (HUD), and constructed to meet the current Manufactured Home Construction and Safety Standards (HUD Code). A manufactured home is permanently attached to a steel frame, can be moved from one TOWN-approved location to another TOWN-approved location, and is considered personal property. MANUFACTURED HOUSING does not include MODULAR HOUSING, nor campers or recreational mobile homes.
MARSHA wetland where the vegetation is distinguished by the absence of trees and shrubs and dominated by soft-stemmed herbaceous plants and other emergent vegetation, such as grasses, reeds and sedges. The water table is at or above the surface throughout the year but can fluctuate seasonally.
METEOROLOGICAL TOWER (MET TOWER)Includes 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 article, "met towers" 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.
MODULAR HOUSINGA home built entirely in a factory under the current NH State building code, which is also a part of the current IRC (International Residential Code). A modular home is assembled on site, cannot be moved, is considered real property, and is allowed in all residential districts in the TOWN.
MONOPOLEA freestanding tower consisting of a single pole, constructed without guy wires or lattice characteristics, which relies solely on self-support (direct attachment to the ground) to remain upright.
MONUMENTATIONThe installation of permanent markers that define corners, boundaries, and rights-of-way when surveying land.
NEW DEVELOPMENTThe subdivision, building construction or other land use change which results in: a net increase in the capital facilities service demands as identified in the Planning Board's impact fee schedules; and/or the conversion of a legally existing use to another use or activity which created an increase in capital facilities service demands.
NET METERINGThe difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's wind or solar energy system that is fed back into the electric distribution system over a billing period.
NHDOTThe New Hampshire Department of Transportation.
NHDESThe New Hampshire Department of Environmental Services.
NIGHT-CARE AGENCYA center or family home in which child day care is provided during the evening and night hours. A child day-care agency may be licensed for day care, night care, or both.
NONCONFORMING LOTA parcel of land not capable of being occupied by one principal structure or use and its accessory structures or uses and as shown and identified as such on a plat as defined in the Town Code.
NUDE MODEL STUDIOA place where a person who appears in a state of nudity or displays male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals, and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration or such display is characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
OCEAN CONTAINERA shipping container of the type typically used for freight movement. Constructed of steel and typically sealed from the weather and lockable. Also known as "cargo container," "CONEX container" and "land/sea container."
OPEN SPACE DEVELOPMENT (OSD)A form of land subdivision where lot size and other dimensional requirements and minimum road widths may be reduced in exchange for the permanent preservation or provision of proportional areas of open space, farmland, recreational land and other lands.
PARKING SPACEAn off-street space, whether inside or outside a structure, for exclusive use as a parking stall for one motor vehicle.
PERSONAL SERVICE ESTABLISHMENTA facility predominantly providing uses including, but not limited to, hair salons, barber shops, manicures, health spas, tailors, dry cleaners, tattooing, body piercing, fortune telling and other psychic services, cobblers and massage therapy.
PLATThe map, drawing or chart on which the final PLAN of SUBDIVISION is presented to the PLANNING BOARD, and which, if approved, shall be filed or recorded with the Hillsborough County Register of Deeds.
POORLY DRAINED SOILSSoils where the water is removed so slowly that the soil is saturated periodically during the growing season or remains wet for long periods of time as defined in the United States Soil Conservation Service Soils Survey of Hillsborough County, Eastern Half (latest edition).
PORTABLE GARAGEA freestanding, lightweight structure used to house vehicles and constructed of tube framing and fully enclosed by a canvas, polyethylene cover or other woven or nonwoven fabric or sheeting. This structure type typically has no permanent footing or floor and can be easily disassembled and moved.
PORTABLE SIGNA sign that is movable, typically set up on a daily basis outside the business establishment, such as, but not limited to, sandwich boards, swinger sidewalk signs, portable billboards, Portasigns, Portasigns in motion or roadside readerboards.
POWER GRIDThe transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.
PREEXISTING TOWERS, MASTS AND ANTENNASAny TOWER, MAST, MONOPOLE or ANTENNA lawfully constructed or permitted prior to the adoption of this article. Also, any TOWER, MAST, MONOPOLE or ANTENNA lawfully constructed in accordance with this article which predates an application currently before the Town.
PUBLIC NUISANCEAny use that may endanger the health, safety, peace or enjoyment of the community or a neighborhood due to the emission of smoke, fumes, particulates, noise, vibration, radiation, visual blight or any other like condition.
RADIO SERVICE FACILITYAny structure, ANTENNA, MAST, MONOPOLE or other radio installation device used to achieve desired communication(s) by a user with a narrow base of related or unrelated users; generally including, but not limited to, amateur radio service, general mobile radio service, citizens band radio service, low-power radio service, aeronautical and marine communications and any other similar radio communications or service which is not specifically named within this definition.
RECEIVE-ONLY FACILITYAny ANTENNA, MAST, MONOPOLE or other device designed and constructed with the intent to receive broadcast signals typically for household use; including, but not limited to, personal satellite and off-the-air television signals and AM, FM, shortwave and other similar radio signals.
RECREATIONAL VEHICLEA vehicle, motorized or not, which is designed and used primarily for the purpose of recreation, including but not limited to the following: vehicles defined in RSA Chapter 215, boats, motorhomes and recreational trailers.
RESERVE STRIPIncludes areas for which future public use is intended for street (HIGHWAY) connections, for street (HIGHWAY) improvements and for street or pedestrian ways giving ACCESS to land dedicated for public use.
RIGHT-OF-WAYThe area of land owned, used by or available to the Town for street (HIGHWAY) purposes, including any ancillary purposes thereto.
RSAThe NH Revised Statutes, Annotated.
SECONDARY USEA use of land or of a building or of a portion thereof which is unrelated to the principal use of the land or building.
SEDIMENTSolid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that as one of its primary business purposes offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. 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
C. When the activities in Subsection
A or
B above are characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
SEXUALLY ORIENTED BUSINESSESBusinesses generally falling into categories regulated or defined in NH RSA 571 et seq. See:
A. ADULT BOOKSTORE/ADULT VIDEO STORE.
E. ADULT MOTION-PICTURE ARCADE.
F. ADULT MOTION-PICTURE THEATER.
G. "THE TOTAL PRESENTATION TIME."
H. "SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION TIME."
J. SEXUALLY ORIENTED BUSINESS.
SHADOW FLICKERThe 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.
SHEDSee "ACCESSORY BUILDING."
SIGNAn object, display device or structure visible to the public from the exterior of a building which contains any combination of lights, letters, words, objects, graphics, figures, designs, symbols, pictures, logos or colors which are intended to advertise, identify, direct, convey a message to the public or attract attention to an object, person, institution, organization, business or service. See:
F. ELECTRONIC CHANGING SIGN.
G. EXTERIOR ILLUMINATED SIGN.
J. INTERIOR ILLUMINATED SIGN
K. INFLATABLE OR BALLOON SIGN.
SMALL WIND ENERGY SYSTEMA 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.
SNOW DUMPAn area where snow, transported from an off-site location, is deposited for storage or disposal.
SOIL"Overburden," as described in Basic Soils Engineering, by B.K. Hough, Second Edition, 1969, a copy of which is on file in the office of the Town Engineer.
STAFFThe person holding the title of TOWN PLANNER for the Town of Hudson, NH, and, under his or her supervision, any Town administrative, clerical and legal personnel who are engaged by or are employees of the Town.
STORMWATER MANAGEMENT AND EROSION CONTROL PLAN (SWMP)A plan which outlines project features, proposed temporary and permanent erosion control features, maintenance schedules and practices, and the design basis used to establish temporary and permanent stormwater design features.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)A plan required by the EPA that clearly describes appropriate pollution control measures that include a description of all pollution control measures (i.e., BMPs) that will be implemented as part of the construction activity to control pollutants in stormwater discharges and describes the interim and permanent stabilization practices for the site.
STORMWATER RUNOFFThe water from precipitation that is not absorbed, evaporated, or otherwise stored within the contributing drainage area.
STRUCTUREA combination of materials assembled at a fixed location to give support or shelter, such as, but not limited to, a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or portable or temporary canopy or garage.
SUBDIVIDERThe registered OWNER or authorized agent of the registered OWNER of a SUBDIVISION.
SUBDIVISIONThe division of a tract or parcel of land into two or more LOTs for the purpose, whether immediate or future, of sale, rent, lease or building development, or requiring the extension of municipal utilities, or the creation of one or more new streets, or the extension of existing streets; provided, however, that DEVELOPMENT for agricultural purposes is expressly excluded. When appropriate to the context of this chapter, the term "SUBDIVISION" shall relate either to the process of subdividing or to the land or area subdivided.
SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION TIMEFor 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.
SURFACE WATERThose portions of waters of the state, as defined by RSA 485-A:2.XIV, which have standing or flowing water at or on the surface of the ground. This includes, but is not limited to, perennial and seasonal streams, lakes, ponds, and tidal waters.
SUSTAINABLE RATE OF DEVELOPMENTA target number of building permits to be issued in Hudson in the current year equaling the fair-share region average growth rate for the preceding five years times the total number of dwelling units existing in Hudson in the preceding year. Round any fraction calculated herein to the next whole number.
SWAMPA wetland that is dominated by trees and/or shrubs.
SWPPPStormwater pollution prevention plan (see §
290-5).
SYSTEM MODIFICATIONWhen applied to ALTERNATIVE ENERGY SYSTEMS, any change to the small wind, solar or other ALTERNATIVE ENERGY SYSTEM that materially alters the size, type or location of the system. Like-kind (same size and general conformation) replacements shall not be construed to be a modification.
TOTAL DWELLING UNITS (DU)The total number of dwelling units in Hudson on December 31. This number includes single-family homes, as well as dwelling units in duplexes, apartments, condominium developments and other multifamily structures. Note: For 1999, the DU number is 7,965 based on an estimated accounting of the number of dwelling units.
TOWN ENGINEERThe professional engineer who holds the position of Town Engineer for the Town of Hudson, or his or her designated representative, either in a permanent or temporary capacity.
TOWN PLANNERThe person occupying the position of the Town of Hudson, NH, Town Planner.
TOWERA structure which is designed and constructed to support one or more antennas used by commercial wireless telecommunication facilities and includes all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires) of either lattice or monopole construction.
USE, ACCESSORYAny use which is customary, incidental and subordinate to the principal use of a structure or lot.
USE, CHANGE OFA "change of use" occurs when the use of any land or building is changed from one land use classification to another or from one category to another category within a land use classification. See Article
III, §
334-9B, Use classification, and Article
V, §
334-21, Table of Permitted Principal Uses.
USE, PRINCIPALThe main or primary purpose for which a structure or lot is used.
VARIANCEA variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.
VERY POORLY DRAINED SOILSSoils where the water is removed so slowly that free water remains at or on the surface during most of the growing season as defined in the United States Soil Conservation Service Soils Survey of Hillsborough County, Eastern Half (latest edition).
WETLANDPursuant to RSA 482-A:2.X, an area that is inundated or saturated by surface 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.
WIND GENERATORThe blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert the kinetic energy of the wind into rotational energy used to generate electricity.
See Bylaws Chapter 143 TOWN Code. |