[Amended 10-14-1997 by Ord. No. 10.97.10; 5-22-2000 by Ord. No. 05.2000.05; 8-13-2001 by Ord. No. 05.2001.05; 7-11-2005 by Ord. No. 06.2005.06; 10-22-2007 by Ord. No. 13.2007.13; 5-27-2014 by Ord. No. 03.2014.03; 5-8-2017 by Ord. No. 2017-235-04; 12-9-2019 by Ord. No. 2019-235; 5-24-2021 by Ord. No. 2021-235-13, 17, 19; 8-26-2024 by Ord. No. 2024-235-41-A]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY DWELLING UNITA residential living unit that is within or attached to a single-family dwelling, or located in a legally existing accessory structure on the same lot, 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.
ACCESSORY USEAny use customarily incidental, related and clearly subordinate to a principal use established on the same lot or premises.
ACREA plot of land equaling 43,560 square feet or 0.4045 hectares in area.
AGRICULTUREThe production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AIRPORT/HELIPORTA place where airplanes, helicopters or other aircraft can land and take off and may include hangars, facilities for refueling and repair and accommodations for passengers and pilots.
ALLEYA dedicated public thoroughfare, other than a street, which affords a secondary means of access to the rear or side of abutting property and which is 20 feet or more in right-of-way width, unless preexisting.
AMUSEMENT ARCADEAn indoor or outdoor area or open structure, open to the public, that contains coin- or token-operated games, rides, pool hall, bingo hall, shows or similar entertainment facilities and devices.
AMUSEMENT PARKA facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment and restaurants and souvenir sales.
ANTENNAA device used to transmit and/or receive electromagnetic waves between terrestrially and/or orbitally based structures.
APPROVED PLANA plan that has been granted final approval by the appropriate approving authority which supersedes all prior plans of record.
APPURTENANCEA use or structure which is incidental and subordinate to a principal use or structure.
ARTS CENTERA structure or complex of structures for housing the visual and/or performing arts.
ASSISTED LIVING FACILITYResidences or living facilities, including nursing homes as licensed by the State of New Hampshire, which provide communal support facilities, which may include housekeeping, medical services, recreational, social activities or transportation.
AVERAGE ANNUAL WATER TABLEAn elevation at or below the ground surface which is the average between the seasonal high-water table and the lowest elevation of annual water table fluctuation.
AVERAGE FINISH GRADEThe elevation of the land surrounding a structure, measured as the average of the elevation of the highest and lowest points of each side of the foundation.
BASEMENTAny area of the building having its floor below ground level on all sides.
BEACH, COMMERCIALA natural or artificially created level or nearly level sandy area adjacent to a body of water, open to the general public and operated as a business.
BEACONAny light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
BED-AND-BREAKFASTAn owner-occupied dwelling unit that provides overnight accommodations and a morning meal to transients for compensation.
BOARDING-, ROOMING OR LODGING HOUSEA dwelling, other than a hotel or motel, where lodging or lodging and meals are provided for compensation and personal services such as laundry may be offered.
BLOCK FRONTAGEAll the property fronting on one side of a street, right-of-way, waterway, end of a dead-end street or City boundary measured along the street line.
BUILDABLE LAND AREAThat land area other than areas which consist of wetlands or steep slopes, and excluding setbacks, height and configurational limitations.
BUILDINGAny structure having a roof supported by columns, walls or other structural support.
BUILDING, ACCESSORYAny subordinate building or portions of the main building, the use of which is customarily incidental to that of the main building on the same lot or premises and which is used primarily by the occupants of the main building.
BUILDING, ELEVATEDA nonbasement building which was initially designed or built to have the bottom of the lowest floor beam (or equivalent floor support) above the ground level by extended wall foundation, shear walls, posts, piers, pilings or columns such that there would be air space between the lowest floor beam and the ground. In A Zones, a building placed on fill dirt to raise its lowest floor may be an "elevated building." A building originally constructed as an elevated building is considered always to be an elevated building, regardless of any subsequent modifications. (Note: This definition is for purposes of application of the Floodplain District provisions.)
BUILDING, PRINCIPALThe building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered "principal buildings."
BUILDING SEPARATIONThe distance between the closest point of any two structures and all appurtenances attached thereto, excluding roof overhang of two feet or less.
BULKY GOODSWithin a commercial setting, large single retail items which occupy six square feet of floor area or greater; merchandise examples include, but are not limited to, carpeting, appliances, furniture, stoves, hot tubs and lawn equipment. This merchandise is typically not carried out by the purchaser.
CAMPGROUNDA plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.
CAMPING UNITAny tent, trailer, cabin, lean-to, recreation vehicle or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes.
CAR WASH/DETAILINGAny building or portion of a building or property utilized for the cleaning of vehicles.
CEMETERYProperty used for the interring of the dead.
CERTIFIED SOIL SCIENTISTA person who, by reason of special knowledge 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 of New Hampshire.
CERTIFIED WETLAND SCIENTISTA person who, by reason of special knowledge acquired by professional education and practical experience, as specified by RSA 310-A:84, is qualified to practice wetland science and who has been duly certified by the State of New Hampshire.
CLUSTER DEVELOPMENTA division of land into lots or sites available for building, where said lots are clustered together into one or more groups, separated from adjacent property and other groups of lots by intervening common land.
COMMERCIAL PRINTING/PHOTOGRAPHIC PROCESSINGA business establishment which produces printed documents or images through the use of transformation of chemical materials or substances and includes the blending of gases or liquids.
COMMUNICATIONS TOWERAny structure 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 includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
CONDITIONAL USEA use permitted in a particular zoning district upon a finding by the Planning Board that such a use in a specified location will comply with all the conditions and standards for the location and operation of the use as specified by this chapter.
CONFERENCE CENTERA facility which is used for the provision of services for meetings, conferences, exhibition space or seminars and, further, may provide accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities and meeting rooms.
CORNER LOTAny lot situated at the intersection of two or more streets.
COUNCILThe City Council of the City of Laconia.
DAY CARE/NURSERYAn establishment, licensed by the State of New Hampshire, providing for the care, supervision and protection of adults or children.
DENSITYThe numbers of persons or dwelling units per unit of land.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRIBUTION CENTERAn establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.
DOCKA structure, which may or may not be attached to the shoreline, constructed over and in the water adjacent to the shoreline for the purposes of securing watercraft.
DORMITORYA building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institutional use.
DRIVE-THROUGHAn establishment or part thereof that by design, physical facilities or service that encourages or permits customers, by individual access to a window or remote station, to receive services or obtain goods while remaining in their motor vehicle.
DRY-SLIP (DOCK)A compartment, space or other measurable area within a structure or outside which is used for the purpose of storing watercraft with or without access for launching by the owner, either directly or through the storage operator.
DWELLINGA building or portion thereof that provides living facilities for one or more households.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as a separate living quarter with cooking, sleeping, sanitary facilities provided within the dwelling unit for the exclusive use of a single household.
EARTHSand, gravel, rock, soil or construction aggregate produced by quarrying, crushing or any other mining activity or such other naturally occurring unconsolidated material that normally masks the bedrock.
EARTH MATERIALS PROCESSING/SAWMILLLand used for the commercial processing, storage and sale of earth materials, including but not limited loam, sand, stone or forestry products.
EASEMENTThe right of the public, a corporation, another person or entity to use public or private land owned by another for a specific purpose.
EATING AND DRINKING PLACESRetail establishments selling food and drink for consumption on the premises, including lunch counters and refreshment stands selling prepared foods and drinks for immediate on-site consumption.
EMERGENCY SHELTER/HOUSINGA facility providing temporary housing for one or more individuals who are otherwise temporarily or permanently homeless.
EMPLOYEE AMENITYA natural or created feature, preserved, improved or created by an employer, that enhances the aesthetic quality, visual appeal or makes more attractive or satisfying a particular property, place or area for its employees.
EQUESTRIAN CENTERA facility used for the boarding, training or rehabilitation of horses, and may include the teaching of horsemanship and staging of competitive events.
EQUIPMENT/APPLIANCE REPAIR/SERVICEA business establishment for the servicing of small motorized equipment and household or commercial appliances, including the sale of parts, accessories and refurbished equipment or appliances.
EXCAVATIONLand area which is used or has been used for the commercial taking of earth, including all slopes.
FAMILYA group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan, and based on an intentionally structured relationship providing organization and stability.
FAMILY DAY CAREA home occupation providing care and supervision in a dwelling unit to not more than three clients for periods of time not to exceed 24 consecutive hours and excluding members of the family in residence.
FARMER'S MARKETA building or site, either enclosed or open, which is used or designed for the sale of horticultural and related products by independent vendors using designated booths or sites.
FARMSTANDA structure, whether enclosed or not, utilized for the purpose of selling products in association with and located on the same property as an agricultural use.
FINANCIAL INSTITUTIONAn establishment whose primary business is lending or investment and which may act as a depository for currency, which may include banks, savings and loans, credit unions, investment brokers and security and commodity exchanges.
FLEA MARKETA building or site, either enclosed or open, which is used or designed for the sale of goods by independent vendors using designated booths or sites.
FLOODING, AREA OF SHALLOWA designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. This definition is for purposes of application of the Floodplain District provisions.
FLOODPLAIN OR FLOOD-PRONE AREAAny land area susceptible to being inundated by water from any source. This definition is for purposes of application of the Floodplain District provisions.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. This definition is for purposes of application of the Floodplain District provisions.
FLOODWAY, REGULATORYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. These areas are designated as floodways on the Flood Boundary and Floodway Maps. This definition is for purposes of application of the Floodplain District provisions.
FORESTRYThe scientific management and cultivation of wooded tracts, tree farms, forest nurseries and including the harvesting of forest products and performing forest services.
FRONTAGEThat side of a lot abutting on a street or body of water.
FUNERAL ESTABLISHMENT/MORTUARYA building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GALLERYSpace dedicated to the exhibition of works of art or an institution or business exhibiting or dealing in works of art.
GREENHOUSEA building whose sides and roof are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GREEN SPACELand area with landscaped or natural vegetation, including those vegetated areas located under upper story decks, porches and overhangs that are a minimum of seven feet from the ground at the lowest elevation.
GROSS FLOOR AREAThe total horizontal area of all floors of a building including the surrounding walls.
GROSS LEASABLE AREAThe total horizontal area of all floors of an enclosed retail or commercial building that is designed for lease or purchase by a separate and distinct use. "Gross leasable area" does not include common areas, building management offices, maintenance areas or parking.
HEALTH CARE FACILITYA facility, office, clinic, center or institution, whether public or private, engaged in the provision of outpatient services with stays of less than twenty four consecutive hours for health maintenance and the treatment of dental, mental or physical conditions.
HEIGHTThe vertical distance of a structure measured from the average finished grade surrounding the structure to the highest point of the structure.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. This definition is for purposes of application of the Floodplain District provisions.
HOME OCCUPATIONA commercial or business activity conducted on the same lot as a dwelling in which the operator of the activity resides. A "home occupation" includes occupations wholly conducted on-site and may include the office of a service or trade and family day care.
HOSPITALAn institution licensed by the State of New Hampshire as a hospital engaged in providing diagnostic and therapeutic services 24 hours per day and overnight accommodations for human patients requiring medical, surgical, obstetrical, emergency, outpatient rehabilitation, psychiatric or substance abuse services on an acute or chronic basis. A "hospital" may include, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities and medical offices.
HOTEL/MOTEL/INNA facility offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, meeting rooms and recreational facilities.
HOUSING, TRANSITIONALHousing units operated and managed for the purpose of providing shelter to individuals or families transitioning from homelessness to permanent housing; includes the on-site management of the facility and the provision for living or job skills training for the residents.
INDOOR STORAGE; SELF-SERVICEA building consisting of individual small self-contained units that are leased or owned for the storage of business or household goods.
JUNKYARDAny business or any place of storage or deposit, whether in connection with another business or not, which has stored or deposited at the business or place: two or more unregistered motor vehicles which are no longer intended or in condition for legal use on the public highways; 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 is intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles; or scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other use or disposition.
KENNELAn establishment in which three or more dogs or puppies, cats or kittens are housed, groomed, bred, boarded, trained or sold for a fee or compensation.
LANDFILL/RESOURCE RECOVERY FACILITYA state-approved facility for the disposal of solid waste, refuse and other products and including resource recovery, recycling and collection, storage, processing, treatment and disposal.
LAUNDROMATAn establishment providing washing or drying machines on the premises for use by the general public.
LIBRARYA place in which literary, musical, artistic or reference materials are kept for use but not for sale and may include gallery and meeting space.
LOADING SPACEAn accessible space at the rear or side of a building and used for loading and unloading of goods.
LODGING, SHORT-TERMA dwelling unit where transient lodging is provided for compensation for stays of between one and 14 consecutive nights, and where the dwelling unit would normally be considered a residential living unit not associated with regulated commercial activities, such as a hotel, motel, rooming/boarding/lodging house, or bed-and-breakfast.
LOT OF RECORDA designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law to be separately owned, used, developed or built upon.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section. This definition is for purposes of application of the Floodplain District provisions.
MANUFACTURED HOUSINGAs defined in RSA 674:31, as amended, 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 pre-site built housing as defined in RSA 674:31-a.
MANUFACTURED HOUSING PARKA subdivision of a tract of land providing sites, with required improvements and utilities, that are leased for the long-term placement of manufactured housing, and that includes services and facilities for the residents.
MANUFACTURED HOUSING SUBDIVISIONA subdivision created by the developer for individual ownership of manufactured housing and including the purchase of real estate.
MANUFACTURINGEstablishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products and the blending of materials, such as lubricating oils, plastics, resins or liquors.
MARINA, COMMERCIALAny commercial shoreland development providing access to public waters for the docking, mooring, sale, rental, fueling, storing or servicing of watercraft with or without services.
MARINA, RESIDENTIALAny commonly owned shoreland providing access to public waters as an integral element and appurtenant use of a residential development with services similar to those provided by a commercial marina.
MASTER PLANA plan for development of the City of Laconia developed in accordance with the provisions of RSA 674:2, Master Plan Purpose and Description, as amended.
MEAN SEA LEVELFor purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. This definition is for purposes of application of the Floodplain District provisions.
MEDIUM TRUCKTrucks and similar vehicles with a single rear axle and duel rear wheels and with a gross weight limit of 26,000 pounds or less.
MODULAR HOMEA detached, double-wide residential dwelling which meets all City codes, designed to be transported once to its site after fabrication and set on a permanent foundation.
MOVIE THEATERA building or portion of a building dedicated to the showing of motion pictures for a fee to the public.
MOVIE THEATER, DRIVE-INAn open piece of land dedicated to the showing of motion pictures for a fee to the public, which may include a building for projection, concessions and rest rooms.
MULTIFAMILYThree or more dwelling units located on a single lot of record in attached or detached structures exclusively used by three or more families living independently of each other.
MUNICIPAL SEWERA sewer system, or any portion thereof operated by the Laconia Municipal Sewer System.
MUNICIPAL WATERA water system, or any portion thereof operated by the Laconia Water Works.
MUSEUMAn institution dedicated to the procurement, restoration, care, study and display of objects of lasting interest or value.
NEIGHBORHOOD STOREA retail sales establishment with a maximum of 1,500 square feet of gross floor area.
NIGHTCLUBAn establishment dispensing liquor and meals and in which music, dancing or entertainment is conducted.
NONCONFORMING LOTA lot lawfully existing as of the adoption of this chapter or amendment thereto that does not meet the minimum requirements of the zoning district in which it is situated by reason of such adoption or amendment.
NONCONFORMING SIGNA sign lawfully existing as of the adoption of this chapter or amendment thereto that does not meet the minimum requirements of this chapter by reason of such adoption or amendment.
NONCONFORMING STRUCTURE OR BUILDINGA structure or building, the size, dimensions, or location of which was lawful prior to the adoption or amendment to this chapter but fails to meet or conform to the present requirements of this chapter by reason of such adoption or amendment.
NONCONFORMING USEA use of a building or land lawfully existing as of the adoption of this chapter or amendments thereto which does not now conform to the requirements for the zoning district in which it is situated by reason of such adoption or amendment.
NONCONFORMING USE AREAThe total horizontal square feet which a nonconforming use occupies in a structure or on a lot.
OPEN SPACEAny area of land, within a cluster subdivision, unencumbered by primary buildings or structures, and set aside, dedicated, designed, restricted or reserved for recreational use, protection of natural resources, visual amenity or agricultural or forestry use, intended for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may include water bodies included within land area defined as open space.
ORDINARY HIGH-WATER MARKThe line on the shore, running parallel to the main stem of a river or the edge of a waterbody, established by the fluctuation of water and indicated by physical characteristics such as but not limited to a clear, natural line impressed on the immediate bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation or the presence of litter and debris.
OUTDOOR STORAGEThe keeping, in an unenclosed area, of any goods, junk, material or merchandise in the same place for more than 24 hours.
PACKAGING/PROCESSINGA place where materials may be combined, broken down or aggregated for transshipment or storage and where the original material is not chemically or physically changed.
PARKING GARAGEA single or multilevel enclosed building or structure which is used for the temporary storage of motor vehicles.
PARKING LOTAn open area off-street used for the temporary storage of motor vehicles.
PERCENT SLOPEThe contour interval divided by the horizontal distance between the contour interval measured perpendicular to the slope.
PERSONAny individual, association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
PERSONAL SERVICEAn establishment where nonprofessional services, involving the care of a person or their personal goods or apparel, are provided.
PETAn animal from which profit may not be generated from the sale, traditionally, of its fur, eggs, flesh, feathers, edible portion or services, with the exception of mating.
PLACE OF WORSHIPA. A church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs; or
B. A special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation.
PRIMARY FLOORThe floor which provides the main entrance to a structure from a street.
PRIMARY RESIDENCEThe place of abode or domicile that is designated by a person as their principal place of physical presence to the exclusion of all others for at least 200 days annually. For the purposes of this chapter, such designation can be determined by providing the Planning Department with two or more of the following documents: valid New Hampshire driver's license, valid New Hampshire identification card, valid U.S. passport, valid vehicle registration, or proof of payment for utilities at the property for which primary residency is being claimed.
PRIVATE CLUBA building, space or related facilities owned, controlled or operated by an individual, corporation, association or group for the fraternal, social, educational, recreational, financial or cultural enrichment or the common interest of its members and whose members pay dues and/or may be required to meet certain prescribed qualifications for membership, initially or from time to time. A private club does not include any of the foregoing having the wholesaling, retailing, with or without a discount, or distribution of goods to its members as its primary purpose or function. Institutions such as Sam's Club, BJ's or Costco and the like are examples of organizations that are not private clubs pursuant to this chapter.
PRODUCT ASSEMBLY/TESTINGThe fabrication of objects from individual components consisting of materials with form and substance being joined physically, and the testing thereof; does not include the chemical processing of individual or fabricated products.
PROFESSIONAL OFFICEAn office for any one of the following: accountant, architect, attorney, chiropractor, professional engineer, dentist, medical doctor or any other similar profession for which at least a two-year degree is required.
PUBLIC WATERSAll fresh water bodies listed in the official list of public waters published by the Department of Environmental Services pursuant to RSA 271:20, II, whether they are great ponds or artificial impoundments. In Laconia, these include Lake Winnipesaukee, Paugus Bay, Lake Opechee, Winnisquam Lake and Pickerel Pond. Rivers, meaning all year round flowing waters of fourth order or higher, include the Winnipesaukee River.
RECREATIONAL FACILITYA place intended for the conduct of sports and leisure time activities or where they are permitted from time to time.
REFERENCE LINEPer RSA 483-B, for all lakes, ponds, and artificial impoundments greater than 10 acres in size, the surface elevation as listed in the Consolidated List of Water Bodies subject to the Shoreland Water Quality Protection Act as maintained by NHDES; for rivers, the ordinary high-water mark.
RESEARCH AND DEVELOPMENTAn establishment primarily dedicated to carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.
RETAIL SALESThe sale of goods, services or merchandise to the general public and which may include rendering services incidental to the sale of such goods, principal services or merchandise.
RETAINING WALLA wall designed to resist the lateral displacement of soil or other material.
RIVERINERelating to, formed by or resembling a river (including tributaries), stream, brook, etc.
ROADSIDE STANDA structure, either temporary or permanent, which is designed, constructed or used for the purpose of selling vegetables or fruit from a garden located on a lot where the principal use is residential.
ROOMERAn individual, other than a family member, who, for a consideration, is furnished sleeping accommodations in a dwelling unit and may be provided meals, personal care, financial services, counseling or other such services.
SALT STORAGE SHEDA partially or fully enclosed structure utilized for the storage of road salt or other materials containing salt.
SATELLITE DISH ANTENNAA parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving electromagnetic waves.
SCHOOLAny building or part thereof which is designed, constructed or used for education or instruction.
SETBACKThe distance from the property line or street right-of-way to the nearest part of the applicable building or structure.
SHOPPING CENTER/MALLA group of commercial establishments where access to individual establishments is from a walkway and measures over 25,000 gross square feet which is planned, constructed or managed as a retailing facility.
SIGNAny device, fixture, placard, landscaping or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.
SIGN, ANIMATEDA sign, or part of a sign, employing actual motion or the appearance of motion, that does not employ the use of a panel of lights to create the copy or images themselves, including:
A. Tracer or chase sequence lights that turn on and off quickly and in succession;
B. Flashing, where either words, lights, or images change or intermittently flash on and off, or give the appearance of changing, blinking or flashing;
C. Any sign or part of a sign that changes physical position.
SIGN AREAThe area of a sign shall include all of the surface area on which the letters, pictures, designs and symbols appear, together with the background on which they are displayed, whether open or closed, and all beveled, rounded, angled or bordering surfaces intended or designed to enhance the visual impact of the sign. The area of a sign does not include its sides, or any supporting framework and bracing that is incidental to the display itself and is not designed to attract attention. Where the sign consists of letters or symbols affixed to a surface or building, without any distinguishing border, panel or background, the area shall be considered to be the smallest rectangle or shape which encompasses all of the letters and symbols.
SIGN, BANNERAny sign of lightweight fabric or similar material that is permanently or temporarily mounted at one or more edges. National flags, state or municipal flags shall not be considered "banners."
SIGN, BUILDING MARKERAny sign indicating the name, date of construction or incidental information about a building, which sign is cut into a masonry surface or made of bronze or other permanent material.
SIGN, CANOPYAny sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a "canopy."
SIGN, CHANGEABLE COPYA nondigital sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face of the surface of the sign. A sign on which the message automatically changes shall be considered an animated sign or electronic message center and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time-and-temperature portion of a sign and not a changeable copy sign for purposes of this chapter.
SIGN, DEVELOPMENT IDENTIFICATIONAn on-site sign identifying, by logo, trademark, symbol, address, name or any combination thereof, of a building, premises or property.
SIGN, ELECTRONIC MESSAGE CENTER (EMC)A sign, or any portion thereof, capable of displaying electronic text, symbols, figures, pictures, or images that can be electronically or mechanically changed by remote or automatic means. There are two subcategories:
A. SIGN, ELECTRONIC MESSAGE CENTER (EMC), STATICCopy and pictures may not change light intensity during the digital message; intensity may only change to comply with the light requirements discussed in §
235-60C. Transition effects shall not be used between digital messages, including, but not limited to, fly in, fading, blinking, or rotation of images or words.
B. SIGN, ELECTRONIC MESSAGE CENTER (EMC), DYNAMICAny characteristics of a sign that appear to have movement or that appear to change, that incorporates technology allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This includes displays that incorporate LED, "digital ink," or any other method of technology that allows the sign face to present a series of images or displays, to include transition effects such as fly in, fading, blinking, or rotation of images or words, scrolling where, in total or in part, letters or images scroll across the face of the sign, flashing, and other animated sequences.
SIGN, FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
SIGN, FREESTANDINGAny sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
SIGN FRONTAGEThe length along the primary floor of a building front or portion of building front, having access on a street.
SIGN, INCIDENTALA sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and the like, including pricing of fuels.
SIGN, MARQUEEAny sign attached to or in any manner made part of a permanent rooflike structure projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
SIGN, NAMEPLATEA sign, giving the name or address, or both, of the owner or occupant of a residential building or premises.
SIGN, OFF-PREMISESA sign that is located on property that is not the premises, property, or site of the use identified or advertised in the sign.
SIGN, ON-PREMISESA sign relating in its subject matter to the lot on which it is located or to an activity conducted on the lot.
SIGN, PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
SIGN, PORTABLEAny sign not permanently attached to the ground or other permanent structure or a sign designed to be transported. "Portable signs" may include but are not limited to signs designed to be transported by wheels; signs with A- or T-frames; menu and sandwich boards; balloons or other inflated devices used as signs; umbrellas used for advertising; beacons; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
SIGN, PROJECTINGAny sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of and is not essentially parallel to such building or wall.
SIGN, ROOF INTEGRALAny sign erected or constructed as an integral or essentially integral part of a normal roof structure or visual vertical cap or terminus of any design, such that no part of the sign extends vertically above the highest portion of the roof, cap or terminus and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SIGN, SANDWICH BOARDA sign, utilizing an A-frame or easel-type frame, which is not permanently attached to the ground or a building. This sign may have changeable copy.
SIGN, SUSPENDEDA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
SIGN, VEHICLEAny sign exceeding four square feet in area mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile or other form of motor vehicle so parked or placed so that the sign thereon is discernible from a public street or right-of-way as a means of communication and which by its location, size, and manner of display is reasonably calculated to exhibit commercial advertising identifying an on-premises business or supplying directional information to an off-premises business. A vehicle sign may be defined as a vehicle that functions primarily as a sign rather than as a transportation device, as determined by any combination of the following factors:
A. The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed.
B. The vehicle upon which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot.
C. The vehicle is parked for extended periods of time, both during business hours and when the business is closed, and the land and vegetation surrounding the vehicle shows signs that the vehicle has not often moved.
D. The vehicle remains parked on the premises after normal business hours when customers and employees are not normally present on the premises.
E. Vehicle signs are prohibited in all districts.
SIGN, WALLA sign attached to, painted on 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.
SIGN, WINDOWAny sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside or upon glass and is visible from the exterior of a building or structure. Such signs shall be permitted as long as they do not cover more than 75% of the total visible window casing area.
SINGLE-FAMILYA dwelling unit located on single lot of record exclusively used for a single family maintaining a household.
SMALL EQUIPMENT/APPLIANCE REPAIRAn establishment contained wholly within an enclosed building primarily engaged in the repair or service of household equipment or appliances.
STABLEA structure that is used for the shelter or care of horses.
STEEP SLOPEAll land area with a slope equal to or greater than 25% with a minimum width of 50 feet measured perpendicular to the slope.
STORAGE CONTAINERAny prefabricated or constructed self-supporting container which does not meet NHDOT minimum qualifications to be registered as a vehicle and is designed or intended for use for storage.
STORAGE TRAILERAny container or nonmotorized vehicle with a wheel assembly that is defined as a trailer by the NHDOT and intended for transport behind another vehicle and is intended to be utilized, either attached or unattached to a motorized vehicle, for storage, whether temporary or permanently.
STREAM, INTERMITTENTA watercourse that is fed by groundwater but is not in the groundwater table throughout the year, where runoff from rainfall and snowmelt is a supplemental of water for flow, such that the stream typically does not have flowing water during dry portions of the year.
STREAM, PERENNIALA watercourse that is in the groundwater table for most of the year and so has groundwater as a primary source of water for stream flow, with runoff from rainfall and snowmelt as a supplemental source of water, so that it contains flowing water year round during a typical year.
STREETAny vehicular way that is an existing state, county, municipal or private roadway; is shown upon a plat approved by the Planning Board; is approved by other official action; or is shown on a plat duly filed and recorded in the Belknap County Registry of Deeds prior to the authority of the Planning Board to approve subdivisions; includes the land between the street lines, whether improved or unimproved.
STREET FRONTAGEThe distance for which a boundary or apparent boundary of a lot is common with the street right-of-way line.
STRUCTUREAnything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
STUDIO, ARTIST/CRAFTSPERSONA place used primarily for the workshop of an artist, sculptor, photographer, dancer or craftsperson which may include incidental sales or lessons.
SURFACE, IMPERVIOUSAny modified surface that cannot effectively absorb or infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, and unless designed to effectively absorb or infiltrate water, decks, patios; and paved, gravel, or crushed stone driveways, parking areas, and walkways.
SURFACE, PERVIOUSSurfaces that allow for the penetration of runoff through the surface into underlying soils. Examples of pervious surfaces include, but are not limited to, pervious pavers, pervious asphalt, vegetated lawn, garden beds, and other surfaces specifically designed to absorb stormwater runoff.
SWIMMING POOLA structure designed and intended for the containment of water, whether above or below ground, for swimming.
TAKE-OUT WINDOWAccess to a building or structure for the purposes of pedestrian customers acquiring goods or services.
TAXI SERVICEA business establishment utilized for the dispatching and parking of licensed taxis, as defined by the City Code.
TRADES SHOPThe workplace of a person engaged primarily in the trades such as carpenter, plumber, electrician or other similar trade; may include incidental retail sales.
TRANSIT STATIONLand and buildings used for the purpose of transferring passengers from one form of transportation to another and which may include accessory uses for the accommodation of passengers.
TRAVEL TRAILER OR CAMPERA vehicle or portable device, with or without motor power, designed as a temporary dwelling for travel, recreational, vacation or business use.
TRUCK RENTAL ESTABLISHMENTA facility which provides for the storage and rental of medium trucks or vans, trailers, tow dollies and car top storage containers on a regular basis by the general public. This facility may also be the site of incidental parking of vehicles for rent. Typical uses include truck companies.
TRUCK TERMINALAn area and/or building where trucks load and unload cargo and freight. The cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
TWO-FAMILYTwo dwelling units located on a single lot of record in attached or detached structures exclusively used by two families living independently of each other.
UTILITYAny facility which is by grant of authority by a governmental agency and provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar service.
VEHICLE LIGHT SERVICE/FUELING CENTER ESTABLISHMENTBuildings and premises wherein the primary use is the sale, servicing, repair and/or installation of motor vehicle accessories, such as spark plugs, batteries, distributors and distributor parts, tires, brakes, brake fluid, mufflers, tailpipes, water hoses, fan belts, light bulbs, fuses, floor mats, windshield wipers, wiper blades, grease retainers, wheel bearings and mirrors. Such establishments may also include greasing, lubrication, radiator flushing, minor servicing and repair of carburetors, fuel pumps, oil pumps, water pumps and lines, electrical systems and minor motor adjustments not involving removal of a head or crankcase or racing of a motor. Incidental sales of items such as gasoline, oil, candy, tobacco and similar goods are permitted. None of the following are permitted: major mechanical and/or body work, painting, welding, other work involving noise, glare, fumes or smoke, and automobile storage, whether or not for resale.
VEHICLE MAJOR SERVICE ESTABLISHMENTBuildings and premises wherein major mechanical and body work, repair of transmissions and differentials, straightening of body parts, painting, welding or other similar work is performed on vehicles; may also include any functions of a vehicle light service establishment.
VEHICLE RENTAL ESTABLISHMENTA facility which provides for the storage and rental of vehicles on a regular basis by the general public, including automobiles, vans and motorcycles. This facility may also be the site of incidental parking of vehicles for rent. Typical uses include auto rental agencies.
VEHICLE SALVAGE/WRECKING YARDA facility that is operated for the purpose of extracting vehicle components or parts of vehicles for the purpose of resale.
VEHICLE STORAGEA facility which provides storage for vehicles and equipment and is not generally accessible on a regular basis by the general public.
VERNAL POOL[Added 10-14-2008 by Ord. No. 07.2008.07]A. A temporary body of water, with no permanently flowing outlet, no established, reproducing fish population and one of the following:
(1) Evidence of amphibian vernal pool species, including woodfrogs, spotted salamander, blue spotted salamander, Jefferson salamander, Marbled salamander, Eastern spotted newt and four-toed salamander (visual observation of adult, two or more egg masses, breeding chorus heard, visual observation of larvae or tadpoles, visual observation of transforming juveniles).
(2) Evidence of invertebrate vernal pool species, including fairy shrimp, Predaceous diving beetle larvae (Dytiscidae), water scorpion (Nepidae), dragonfly larvae (Odonata: Anisoptera), damselfly larvae (Odonata: Zygoptera), dobsonfly larvae (Corydalidae), whirligig beetle larvae (Gyrinidae), caddisfly larvae (Trichoptera), leeches (Hirundinea), freshwater (fingernail) clams (Pisidiidae), amphibious, air-breathing snails (Basommatophora).
(3) Evidence of reptile vernal pool species, including spotted turtle (Clemmys guttata), Blanding's turtle (Emydoidea blandingii), wood turtle (Clemmys insculpta), painted turtle (Chrysemys p. pictata), snapping turtle (Chelydra serpentina)
B. Evidence may include breeding adults, egg masses, larvae, transforming juveniles, and cases, shells or shed skins of any of the above-cited. Evidence may be submitted in photograph form.
VETERINARY HOSPITALA place where animals are given medical care by a licensed veterinary practitioner and the boarding of animals is limited to short-term care incidental to the hospital use.
WAREHOUSEA building used primarily for the storage of goods or materials and operated by or for the benefit of a specific business or group of businesses or made available to the general public for a fee.
WATER SURFACE ELEVATIONThe height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Note: This definition is for the purpose of application of the Floodplain District provisions.)
WATERCRAFT LAUNCHA place, located along the shorefront of a river, great pond or lake, which provides watercraft launching services to the public. Facilities may include boat trailer parking, restroom/shower facilities, watercraft washing and may be in conjunction with other watercraft facilities.
WATERCRAFT RENTALAn establishment primarily for the purpose of providing watercraft for rent by the public and may or may not be in conjunction with other watercraft facilities.
WATERCRAFT REPAIR/BUILDINGAn establishment primarily for the purpose of repair, maintenance, renovation, restoration or construction of watercraft and may or may not be in conjunction with other watercraft facilities.
WATERCRAFT STORAGEA facility which provides storage for watercraft and equipment and is not generally accessible on a regular basis by the general public.
WETLANDSAll land area defined as wetlands by the New Hampshire Department of Environmental Services, Water Division, Wetlands Bureau, as may be amended.
WHOLESALE DISTRIBUTION CENTERA facility used for the packaging and distribution of materials and goods to retailers, business users, other wholesalers or merchandise agents or brokers.
YACHT CLUBAny shoreland property owned and operated as a nonprofit organization for the benefit of its members and providing access to public waters for uses similar to a commercial marina.
YARD SALEThe sale of one's personal possessions from a residence.