This chapter shall be known as the City of Keene Zoning Ordinance. The purpose of this chapter is to set forth the zoning regulations of the city, as amended from time to time, in accordance with the laws of the state, as they shall from time to time be amended. It is the intention of the city to exercise all of the authority with respect to zoning, planning and other land use controls which has been or may be entrusted to it under state law from time to time consistently with such law for all of the purposes authorized thereby.

(Code 1970, § 2301.0)

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

Abutter means any person whose property is located in the state and adjoins or is directly across the street or stream from the land under construction by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" includes any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, for 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.

Accessory dwelling unit means independent living unit ancillary to a single-family dwelling and under the same ownership as the primary residence. The unit may be within or attached to the primary residence or located in an accessory building on the property.

Adult day care facility means a public or privately operated day care center, therapeutic program, or other facility which provides daily restorative care to adults who either live alone or with others and who need, due to aging process and/or disease progression, ongoing consistent stimulation, reinforcement, and reality orientation to continue to actively participate in activities of daily living in order to prevent progressive deterioration, reliance on others for care, or nursing home placement.

Agricultural-related educational and recreational activity as a business means recreational activity which is appropriate to a farm or rural setting and relating to agricultural uses, such as hayrides and sleigh rides; educational or instructional programs concerning farm operations, animals or products; demonstration of farm animals and farm activities; petting farms; displays, functions, exhibits and other demonstrations of rural, agricultural, and natural resource activities and customs.

Alteration means any construction or renovation to an existing structure other than repair or addition. Applied to a building this means a change or rearrangement in the structural parts, and can include flood proofing or other modifications.

Amortization means the established process of eliminating nonconforming uses over a period of time.

Apartment means a room or a group of rooms forming a habitable unit for one family, within a structure containing at least one other such unit, with facilities used or intended to be used for living and sleeping, and including facilities for cooking and eating.

Area, building, means the maximum horizontal cross section area of the main building and accessory structures on a lot.

Art center means a structure or complex of structures for housing the visual or performing arts.

Arterial street means a major street, as designated in the city transportation plan. Also see the zoning map referenced in section 102-241(b).

Attic means the space between the ceiling beams of the top story and the roof rafters.

Attic, habitable, means an attic which has a permanent stairway as a means of access and egress and in which the ceiling area at a height of at least seven feet four inches above the attic floor is not more than one-third the area of the floor next below.

Auto dealership. See Motor vehicle dealership.

Assembling means combining two or more finished products into a single product.

Banking or lending institution means an establishment that is engaged in the business of a bank, savings and loan association, or credit union that is regulated by state or federal authority.

Basement means that portion of a building which is partly or completely below grade. Also see Story above grade.

Bed and breakfast inn/tourist home means an owner or operator-occupied single-family detached dwelling unit which contains no more than one kitchen and five or fewer guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, other than temporary personal guests of the family in the dwelling unit, for compensation with or without meals.

Bed and breakfast with meeting/dining facilities means 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 24-hour basis. Meals shall be served to registered guests only.

Billboard means any structure or portion thereof upon which are signs or advertisements used on an outdoor display. Also see chapter 74 pertaining to the sign code.

Biotechnology means the use of cellular or biomedical processes to solve problems or to make products.

Building means any structure used or intended for sheltering any use or occupancy.

Building area. See Area, building.

Building, accessory, means a subordinate building which is located on the same lot as the main building, related to it, and is usual or necessary adjunct to the main building.

Building height means the vertical distance measured from the grade plane of the lot grade to the highest point of the roof, excluding chimneys, ventilators, tanks and other accessory features required above the roof. Also excluded are: towers, spires, domes and similar ornamental features, if not used for living purposes; barns, silos, and other farm buildings and structures required for agricultural purposes; and towers for transmission and communication lines, radio towers, fire towers, water towers and airplane beacons.

Building, incidental, means a subordinate building which is located on the same lot as the main building and occurs in conjunction with the primary use. Buildings containing incidental uses must be specifically permitted in this chapter.

Building line means a line parallel to the street, establishing the closest point to the street at which a structure can be constructed and be in compliance with the setback and lot width requirements.

Building line setback means the distance between the street right-of-way line and the building line. Also see Setback.

Bulk storage means the outdoor storage of a product or material in large quantities.

Carport means a structure detached from, attached to, or made a part of the main structure, and which is open to the weather on at least two sides, intended for the use of sheltering motor-driven vehicles.

City means the city, both the geographical boundaries and the duly constituted governing organization which is a municipal corporation.

Clinic means a facility which provides medical, dental, or mental health services for humans, on an outpatient basis, with more than five employees.

Club means any organization, group or association supported by the members thereof, the purpose of which is to render a service. The term shall not include any organization, group or association, the chief activity of which is to render a service customarily carried on as a business.

Commercial lots means any parking lot that provides parking for nonresidential uses or for multi-family dwelling units, defined here as any structures containing more than two dwelling units.

Common land means all lands held and/or used jointly by two or more owners of other lands in proximity to it. This includes lands that may be owned by a developer prior to completion of a residential development, a homeowner's association, the city, or a third party conservation organization. Land held under this form of ownership is for the use, benefit, and enjoyment of the joint ownership and/or the general public. Common land in a conservation residential development, as set forth in division 3 of article IV of this chapter, refers to only that portion of land that has not been designated to meet the requirements of the open space standard set forth in section 102-289.

Conditional use permit means a permit issued by the planning board in accordance with RSA 674:21, innovative land use controls, this chapter and the planning board's site plan/subdivision regulations stating that the conditional use complies with the conditions and standards as set forth by these regulations and the planning board's approval.

Condominium means a legal form of ownership of real property, usually individual ownership of a dwelling unit in a multiunit development where some rights are held in common by the residents of that development.

Conservation residential development means an innovative form of development that allows single-family, duplex and multifamily dwellings to be grouped more closely together than otherwise allowed under this chapter, so that a designated undeveloped portion of the site is permanently reserved as open space, for passive recreation, conservation, agricultural, or forestry purposes. Reductions in minimum lot size, frontage and setback requirements are allowed.

Convalescent home. See Health care facility.

Covenants means conditions established by deed which bind subsequent purchasers in their use of the land.

Decibel means a unit of measure in determining sound intensity.

dBA means a unit of measure of sound intensity as measured on the A scale, such scale being that which is audible to the human ear.

Distribution of goods means the distribution of products for resale off the premises or to the end user, but to exclude retail sales on the site.

Drive-in use means any establishment designed for the general public to make use, from their vehicles, of the sales or service provided on the premises.

Driveway means the travel surface that connects the parking surface to the curb-cut.

Dwelling, unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Structure types:

Single family dwelling means a detached dwelling unit located on its own lot, designed for, or intended to be occupied by one family.

Duplex/two-family dwelling means one building designed, occupied or intended for occupancy by two separate families; each a complete, independent living facility with separate, permanent, full provisions for sleeping, eating, cooking and sanitation. Each of the two dwelling units shall provide complete internal access to all rooms in the unit.

Multi-dwelling structure means a structure that contains three or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure is not divided into separate zoning lots. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly incidental and accessory.

Erect means to construct, reconstruct, excavate, fill, drain or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction, or to move a building or structure upon a lot.

Essential service means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants; and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health or safety or general welfare.

Exterior display is an outdoor showroom for customers to examine and compare products and includes the outdoor display of products, vehicles, equipment and machinery for sale or lease. The display area does not have to be visible to the street. Examples of uses that often have exterior display are motor vehicles, boat sales, and plant nurseries. Outdoor display of vehicles is separate from required parking spaces under the zoning ordinance. This does not include goods that are being stored or parked outside. It does not include damaged motor vehicles, vehicles or equipment being serviced, and other similar products.

Family means one or more persons occupying a dwelling unit and living as a single housekeeping unit, provided that a group of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Farming means the primary use of land for horticulture or agriculture and includes but is not limited to: residences for the owner, occupants and farm workers; silos; machine sheds; greenhouses; and other outbuildings; as well as the raising and selling of farm animals or products.

Filling station means a building or structure, or part thereof, or any premises used in connection with tanks, pumps, and other appliances for supplying motor vehicles with gasoline and oil, water, compressed air and similar supplies for profit, but not used for the purpose of making repairs. Also see Service station.

Floor area, gross, means the sum of the total areas of the several floors of the structure, measured in horizontal dimensions, excluding areas used for accessory garage purposes and uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls, including walls, or other enclosures of enclosed porches, patios and breezeways. Basements and habitable attics shall be included in gross floor area.

Fraternity and sorority house shall mean a place of residence, with or without meals, for more than four persons attending a college or university, who are all members of, or pledged to, a local or national fraternity or sorority that is recognized by a college or university with a Keene campus. For purposes of this article, a fraternity or sorority house shall be treated as a lodginghouse.

Frontage means that continuous portion of a lot fronting on a public way laid out by the city under the provisions of RSA 231 or its predecessor statutes, and still maintained by the city as a public way.

Frontage, minimum, means the smallest width, measured along the property line which abuts a laid-out public way to which access may be permitted, which is allowed for the permitted use of a parcel, according to the zoning requirements.

Garage, business, means a building or structure, or part thereof, in which are kept one or more motor vehicles belonging to the owner or a tenant of the premises, which are kept for the use of such owner or tenant for the carrying of loads other than passengers for profit, for any work in connection with the business of the owner of such motor vehicles, kept for sale, exhibition or for demonstration purposes, but not for hire. A salesroom or showroom for motor vehicles in which any vehicle is kept with gasoline in its tank shall be classed as a "business garage," and also any building in which motor vehicles are kept in dead storage for profit. Also see Garage, public.

Garage, private, means a building for the noncommercial storage of motor-driven vehicles.

Garage, public, means a building, other than a private garage, used for the storage of motor-driven vehicles for remuneration. Also see Garage, business.

Grade plane means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.

Group home means any premises, privately or publicly sponsored, where board and supervision are given to five or more persons not related by blood or marriage to the owner or primary occupant thereof, for the purpose of social rehabilitation and/or long term sheltered care.

Guestroom means a room let as an independent unit to a person not related by blood or marriage to the owner of the premises.

Health and fitness center means a business whose primary purpose is to conduct indoor and/or outdoor activities for members related to health, physical fitness, and exercise. Activities include, but are not limited to, weight training, circuit training, aerobic exercise, yoga, swimming, in-line skating, skate boarding, floor hockey, ice hockey, basketball, volleyball, dancing, batting cages, jogging, walking, climbing and biking.

Activities which are normal and incidental to health and fitness centers may include, but are not limited to, childcare; juice bars; cafes; retail sales of sporting accessories, clothing and equipment; retail sales of health supplements; massage therapy; chiropractic therapy; tanning; manicures; pedicures; spa treatments and saunas.

Health care facility means an institution such as a nursing home, convalescent home, sanitarium, or home for the aged, in which sick patients or injured persons are given chronic medical, recovery or surgical care; or an institution for the chronic care of contagious diseases or incurable patients; or an institution which provides home and/or care for the aged.

Historic site means a site, building or structure which has local, state or national historical significance, as determined by the appropriate authority.

Home occupation means a use conducted by the inhabitants of a dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the residential character thereof.

Homeowners association means a private nonprofit association or other nonprofit legal entity established for the benefit and enjoyment of the residents of a subdivision or conservation residential development in which the individual owners share common interests in open space and/or facilities and are in charge of preserving, managing and maintaining the common property, and enforcing certain covenants and restrictions. Membership in such association shall be mandatory for property owners and made a required covenant in any deed issued or passed. It shall provide voting and use rights in the common area when applicable, and may charge dues to cover expenses, which may include tax liabilities of the common area, recreational, or utility facilities. Articles of association or incorporation, agreements and easements, other organizational instruments or any amendments thereto must be acceptable to the planning board as part of the approval of a conservation residential development or any subdivision containing common land.

Hospital means a medical facility where acute medical and surgical care is given to humans on an inpatient basis, and such facility may also have outpatient facilities.

Hotel shall mean a building or group of buildings which provides sleeping accommodations on a transient basis, with or without meals, but without separate cooking facilities for individual occupants.

Impervious surfaces means those surfaces and development features on a lot which are non-porous and which substantially prevent rain or storm water from absorbing or percolating into the ground beneath them. Impervious surfaces include, but are not limited to: roof areas, structures, patios, sidewalks, driveways, parking areas, swimming pools and other development features surfaced with non-porous materials.

Institution means a building occupied by a nonprofit corporation or nonprofit establishment for public or semipublic use.

Institutional use includes health care facility, hospital, accessory (temporary) housing for families of patients admitted to a hospital, clinic, nursing home, sanitarium, convalescent home, home for the aged, private school, child care facility, place of worship, senior center, and museum. It may be public or private, for profit or not for profit, and deals with a service rather than a product. In order to qualify as an institutional use, the property must be owned or leased by and used directly by the institution for institutional purposes. The property cannot be leased or subleased in whole or in part by the institutional use to a noninstitutional use.

Junk means any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.

Junkyard means the use of land, whether inside or outside a structure, for the keeping or abandonment of junk.

Kennel means any lot or premises on which four or more dogs, at least four months of age, are kept or boarded for remuneration or sale.

Live/work space means a combination of a permitted commercial use and a permitted residence within a structure when the permitted residence is secondary or accessory to the permitted commercial use.

Loading space means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of vehicles while loading or unloading merchandise or materials.

Lodginghouse shall mean any dwelling for more than four unrelated persons, which lets sleeping accommodations for a transient or permanent basis, without personal care services, with or without meals, but without separate cooking facilities for individual occupants. For purposes of this article the term lodging house shall not include a hotel or motel.

Lot means a parcel of land occupied or capable of being occupied, under this chapter, by structures, buildings or uses, including such open spaces as are required by this chapter.

Lot area means the total area of a lot, exclusive of any area in a public or private way open to the public uses.

Lot, corner, means a lot situated at the intersection of an abutting two or more streets which have an angle of intersection of not more than 135 degrees measured at the intersection of the street lines.

Lot depth means the distance between the front and rear lot lines measured along the side lot lines.

Lot line, front, means the line separating the lot from the street or, for a corner lot, the line separating the narrower street frontage of the lot from the street.

Lot line, rear, means a line most distant and opposite from the front lot line or, where the lot is irregular, a line parallel to the front lot line, and at least ten feet long within the lot.

Lot line, side, means any line connecting the front and rear lot lines.

Manufactured housing means 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 as defined in this section shall not include campers or recreation vehicles as defined in RSA 216-I:1 or RSA 259:84-a; presite built housing as defined in RSA 674:31-a; or modular buildings as defined in RSA 205-C:1, XI.

Manufactured housing park means any lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying a location or accommodations for any manufactured housing and upon which any manufactured housing is parked to be occupied as a dwelling and includes all buildings used or intended for use as part of the park.

Manufactured housing subdivision means a division of land into four or more lots for the sole purpose of providing locations for manufactured housing to be placed on lots owned by the owners of the manufactured housing. All requirements applicable to conventional housing in the particular zoning district shall be applicable to manufactured housing.

Manufacturing means the act of making goods or articles from raw materials or unfinished products and includes processing and assembling.

Maximum building setback. Within the Gilbo Avenue Overlay, the maximum distance of the exterior wall of the principal façade from Gilbo Avenue or West Street.

Mixed-use development means a combination of different permitted uses within a single building lot.

Motel shall mean a building or group of buildings with direct access to each unit from the outside, and with an on-site parking space for each unit, which provides sleeping accommodations primarily for transients traveling by motor vehicle, with or without meals and/or cooking facilities for individual occupants.

Motel, apartment, means a structure primarily for transients traveling by automobile, with direct access to each lodging unit from the outside, and with an on-site parking space for each lodging unit, and where cooking facilities are provided in individual units. Transient residency shall not exceed six consecutive months. Also see Boardinghouse, Hotel, Tourist home.

Motor vehicle dealership means an enterprise which sells or rents new and used cars, trucks, motorcycles and other motorized vehicles and which may also include repair garages, paint shops and vehicle body shops accessory to the main use.

Museum means a building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.

Neighborhood grocery store means establishments primarily engaged in the provision of frequently or recurrently needed food for household consumption, such as prepared food, beverages, limited household supplies and hardware; in a space that is less than or equal to 3,500 square feet.

Neighborhood shopping center means an area which provides a multiple of neighborhood businesses.

Noncommercial greenhouse means a greenhouse erected for the purpose of raising plants for use other than sale, either wholesale or retail, on or off the premises.

Noncommercial outdoor recreational activity means outdoor recreation as a primary use of the land, for which no admission is charged.

Nonconforming building or use means the use of any building, structure or land existing at the time of the enactment of the ordinance from which this section derives, or any amendments thereto, which does not conform in whole or in part to this chapter or its amendments.

Noxious fumes means fumes which are in sufficient quantity to be harmful to health.

Nursery/child care facility means an establishment, licensed under the provisions of New Hampshire state law, for the care and supervision of a child away from the child's home and apart from the child's family.

Nursery/greenhouse means an enterprise that conducts the retail and/or wholesale business of plants grown on the premises, as well as accessory items directly related to their care and maintenance.

Nursing home. See Health care facility.

Office means the building, room or series of rooms in which the affairs of a business, profession or branch of government are conducted.

Open space means land within or related to a conservation residential development, which is set aside for conservation purposes, in accordance with section 102-289. Open space is subject to use limitations as set forth in section 102-288(4) and is intended for the common use, benefit and enjoyment of the residents of the conservation residential development and/or the general public. Open space may be held jointly by the owners of other lands in the conservation residential subdivision, a developer prior to completion of a conservation residential subdivision development, a homeowner's association, the city, or a third party conservation organization.

Outdoor recreational activity as a business means an activity, the majority of which takes place outdoors rather than in or on a structure and is usually considered recreational. Examples include but are not limited to golf courses, cross-country skiing trails, riding trails, etc. Areas for these activities have a minimum of structures when compared to the total size of the area.

Packaging means the act, process art or style of wrapping, bundling, or containing an item for preservation, transportation or sale

Parcel means any land.

Parking area (lot) means an open area, other than the street, intended and used for the temporary parking of motor vehicles.

Parking space means an area designated and used for the parking of a single vehicle, but not used for traffic circulation.

Passive recreation means nonmotorized recreational activities that typically occur in a natural setting and that do not have significant adverse impacts to natural, cultural, scientific, or agricultural values of the setting. Such passive recreation shall include, but not be limited to, walking, hiking, picnicking, nature observation, and cross-country skiing.

Pedestrian entrance means an entrance that is specifically designed to serve the needs of pedestrians with maximally practical ease and comfort, as opposed to service entrances.

Pedestrian-scale means development designed so a person can comfortably walk from one location to another that encourages strolling, window-shopping, and other pedestrian activities, provides a mix of commercial and civic uses (offices, a mix of different retail types, libraries and other government and social service outlets), and provides visually interesting and useful details.

Planned unit development means a type of land development which allows for variety, flexibility and creativity of subdivision design. It is a process which may integrate housing types, circulation systems and utilities, so as to preserve or promote a development harmonious with the physical, social and economic characteristics of the site and surrounding environment. Also see the PUD section of the planning board's subdivision regulations.

Porous surface means a surface that presents an opportunity for precipitation to infiltrate (soak) into the ground.

Principal façade means the building front and entry through which people are encouraged to enter the building. The architectural front of a building, often distinguished from the other faces by the use of architecturally superior materials and greater elaboration of architectural or ornamental details.

Privately owned school means a place for training and instruction in knowledge or physical skills which is operated for profit for that purpose only and on a full-time basis by anyone other than a governmental unit.

Processing means to prepare a product for sale by either a special treatment or to change it through a series of steps, but not the original manufacture of a component part.

Public parks means publicly owned and operated parks, picnic areas, playgrounds and open spaces.

Recreation area means an area designed primarily for activities, either active or passive, normally considered as recreation.

Recycling plant means a facility in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; plastic containers and other products, are recycled, reprocessed and/or treated to return such products to a condition in which they may be further processed or again be used. A recycling plant does not include recycling of motor vehicles or hazardous waste.

Repair garage means a building or structure or part thereof or any premises used for making major changes and adjustments to motor vehicles including structural changes or repairs, and including work involving the use of machinery.

Research and development laboratory means a structure or complex of structures designed or used primarily for research development functions.

Restaurant means any place where food or drink is prepared or served to the public for consumption on the premises. The term "food" includes beverages.

Secondary façade means any building façade that is not designated as a principal façade.

Service alley means a public or private right-of-way that is designed primarily for the purpose of moving and removing goods, products and waste to and from a building; located at the side or rear of a building.

Senior center means a facility operated by a public, nonprofit or charitable institution, which provides meeting space and organizational administration in assisting the social needs of the community's senior citizens.

Service station means a building or structure or part thereof or any premises used for making minor changes and adjustments to motor vehicles, but not structural changes or repairs. May also include the retail sale of petroleum products. Also see Filling station.

Setback means the distance between any property line and the nearest point to which any building or structure can be erected. Measurement shall be to the outermost vertical plane nearest the property line.

Setback, paved and unpaved parking and travel surface, means that portion of a lot used for parking or internal circulation (travel) within the lot including access to loading docks or doors, dumpsters, etc. Excluded are driveways to and from a public right-of-way and driveways to and from an adjacent lot.

Shade tree means a tree, usually deciduous, planted primarily for overhead canopy. Required shade trees shall be a minimum three-inch caliper measured 24 inches above ground.

Shall is considered mandatory and directory.

Shared parking means on-site or off-site parking lots that can be used to meet the minimum parking requirements of two or more defined land uses at separate times of day.

Sign means any structure or part thereof or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction, or advertisement. For the purpose of this chapter, the term "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit, or other political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. See chapter 74 containing the sign code.

Sign, advertising, means a sign which directs attention to a business or commodity, service or entertainment conducted, sold or offered elsewhere than on the premises. See chapter 74 containing the sign code.

Sign, business, means a sign which directs attention to a business or profession conducted upon the premises. See chapter 74 containing the sign code.

Storage facility, self-service, means a building or group of buildings in a controlled access area that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the enclosed storage of customers goods, wares, or material.

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. Attic, habitable attic, and basements are not counted as stories.

Story above grade means any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:

(1)

More than six feet above grade plane;

(2)

More than six feet above the finished ground level for more than 50 percent of the total building perimeter; or

(3)

More than 12 feet above the finished ground level at any point.

Streetscape means the visual elements of a street, including road width, building placement, street furniture, presence of shade trees and landscaping, sidewalk width and pedestrian activity that combine to form the street's character.

Structure means anything constructed or erected which requires location on or in the ground, or attached to something having location on or in the ground, including signs, billboards, fences and swimming pools.

Theater means a building or part of a building devoted to showing motion pictures or for dramatic dance, musical, or other live performances.

Tourist home means a private home with rooms leased for overnight transient accommodations. Also see Motel, apartment; Boardinghouse; Hotel.

Tract means an area, parcel, site, piece of land, or property, which is the subject of a development proposal and application.

Transition point, Gilbo Avenue Overlay. Locations visible from the public right-of-way at the edge of the Gilbo Avenue Design Overlay that mark the passage between the Gilbo Avenue Design Overlay and surrounding areas. These transition points shall exist at the intersections of Main Street and Emerald Street; Emerald Street and Ralston Street; Gilbo Avenue and West Street; School Street and West Street; and Wilson Street.

Use means the purpose for which land or a building is arranged, designed or intended; or for which either land or a building is or may be occupied or maintained.

Use, accessory, means a subordinate use which is located on the same lot as the main use, related to it, and is a usual or necessary adjunct to the main use.

Use, incidental, means a subordinate use which is located on the same lot as the main use and occurs in conjunction with the primary use. Incidental uses must be specifically permitted in this chapter.

Use, primary, means the major use of the land and/or buildings as determined by all available evidence, including but not limited to the percent of land and/or buildings used, and the percent of time used.

Vehicle body shop. See Repair garage.

Warehousing means inside storage of goods or materials for future processing or sale other than on the premises.

Wholesaling means the receipt, storage and sale of goods for resale.

Yard, front, means an open space extending across the full width of the lot and lying between the front lot line and the nearest point of the building.

Yard, rear, means an open space between the rearmost main building on the lot and the rear lot line, extending across the full width of the lot.

Yard sale means a sale in residential zones of normally used and/or unneeded household articles and goods. Usually done by the residents of the dwelling where the sale is held, but residents from nearby dwelling units may participate. Also may be called garage sale or tag sale. The purchasing of new and/or used articles for resale at a yard sale does not fit the definition of normally used and/or unneeded household articles and goods.

Yard, side, means an open space along the sideline of a lot, extending from the front yard line to the rear yard line; in the case of a corner lot, the side street yard extends to the rear lot line.

Yield analysis means a conceptual layout plan required as part of a conservation residential development application. A yield analysis shall demonstrate residential development pattern of a site that could reasonably be expected to be implemented under the conventional zoning standards of the underlying zone, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.

Zoning administrator means the individual, or his designee, within the organizational structure of the government of the City of Keene with the responsibility for administering the zoning ordinance.

(Code 1970, § 2304.0; Ord. No. O-98-5A, § 2304.0, 7-2-1998; Ord. No. O-99-13, § 2304.0, 3-2-2000; Ord. No. O-98-22D, § 2304.0, 5-2-2002; Ord. No. O-2001-21B, § 2304, 9-5-2002; Ord. No. O-2003-22A, 11-19-2003; Ord. No. O-2004-04-A, 6-3-2004; Ord. No. O-2009-02-A, 5-21-2009; Ord. No. O-2010-07-A, 12-16-2010; Ord. No. O-2009-14-A, 3-17-2011; Ord. No. O-2011-11, 10-6-2011; Ord. No. O-2016-01-C, § 3, 4, 10-19-2017 )

Cross reference— Definitions generally, § 1-2.

(a)

This chapter shall not apply to buildings or structures legally existing at the effective date of the ordinance from which this chapter derives, nor to the use legally existing, but shall apply to any addition to a building or structure and to any change in use made subsequent to the date of adoption of the ordinance from which this chapter derives.

(b)

Structures and land uses legally in existence on the effective date of the ordinance from which this chapter or for which building permits have been approved at that time shall not be subject to the requirements of division 7 of article V of this chapter pertaining to off-street parking requirements, unless there is a change or expansion in use or an expansion of the structure. All parking spaces provided for such structures or land uses legally existing at the effective date of the ordinance from which this chapter derives shall not be reduced below the requirements for off-street parking, as set forth in division 7 of article V of this chapter pertaining to off-street parking requirements, for that structure or use as changed or expanded.

(Code 1970, § 2318.0)

(a)

Except as provided in this chapter, no building, structure or land shall be used or occupied, and no building or a part thereof or other structure shall be erected, reconstructed, extended or altered except in conformity with the regulations specified in this chapter for the district, as shown on the official zoning map, in which it is located.

(b)

This chapter shall not apply to any use for which a permit has been issued prior to the effective date of the ordinance from which this chapter derives and the construction or establishment of which shall have been diligently prosecuted within six months of the date of such permit, provided the entire building shall be completed within two years from such effective date of the ordinance from which this chapter derives.

(c)

Building permits may be issued for dwelling units only if the lot on which dwelling units are to be built either has frontage as defined in this chapter or has frontage on a private way on a plat approved by the planning board as a planned unit development.

(d)

Rulings of the zoning administrator relating to this chapter must be appealed to the zoning board of adjustment, in accordance with the provisions of RSA 676:5, as a prerequisite to an appeal to the superior court.

(Code 1970, § 2319.0)

(a)

In interpreting and applying the provisions of this section, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this section to supersede, annul or repeal any section of the Code, rule or regulation previously adopted, which is not in conflict with any of the sections of this chapter, or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this section to supersede or annul any easements, covenants or other agreements between parties. However, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other sections or such easements, covenants or other agreements, the sections of this chapter shall control.

(b)

The enactment of this chapter or of any change in this chapter shall be in no way be construed as legalizing any preexisting violation of this or any other section of the Code, except insofar as such preexisting violation is specifically made a legal use by this chapter or any change therein.

(Code 1970, § 2317.0)

(a)

The invalidity of any section or provision of this chapter or of any district or part thereof as laid down upon the amended zoning map shall not affect the validity of any other section or provision of this chapter or any other district, or part thereof, as laid down upon the amended zoning map.

(b)

Any violation of this chapter or of any conditions established by the board of adjustment in conjunction with approval of a variance, an alteration of a nonconforming use, or a special exception, or by the planning board in conjunction with site plan review, shall be punishable by a fine as provided in section 1-15 in the district court. Each day that a violation continues after notice to abate has been sent by the superintendent of code enforcement, postage prepaid, to the violator, shall be considered a separate violation, and more than one violation may be included on the same complaint, but shall be subject to a separate fine. The superintendent of code enforcement shall notify the person responsible for the violation by certified mail, postage prepaid, of the violation and order its abatement within a reasonable time. Such notice shall be a prerequisite to the filing of a complaint in the district court. Such notice need not be sent and shall not be a prerequisite if the superintendent of code enforcement deems the violation to constitute an emergency and a hazard to the health and welfare of any person, in which case he may order the violation abated immediately and may file a complaint forthwith.

(c)

In addition to the remedy set forth in subsection (b) of this section, the superintendent of code enforcement shall have the right, after taking the preceding steps, to file a petition in the superior court requesting that the violator be ordered to cease the violation if, in his judgment, that is the preferable course of action.

(Code 1970, § 2343.0)