(a)

Read the chapter. To gain an understanding of this community code, it is important to read this chapter. Statements of purpose are included for the chapter as a whole and for many of the sections to help readers understand the intent of the chapter.

(b)

Organization and cross references. To fully understand this Code, it is important for the reader to understand how the town has organized its land use codes, and how this chapter specifically is organized and cross referenced.

(1)

Municipal Codes. The town has organized all its ordinances and regulations into a single system. See the table of contents for this Code.

(2)

Organization of the chapter.

a.

Articles. This chapter is divided into seven articles. Each article is simply a grouping of related issues or requirements, and readers should identify the article in which an answer is likely to be found. Information about setbacks is found in article III of this chapter (Dimensional Requirements); information about sign height restrictions is found in article IV of this chapter (Signs); and so on.

b.

Sections. Each article is divided into sections, each of which may be further divided as needed. It is easiest to use the section analysis to locate the first order of sections.

(3)

Cross referencing system. Within this chapter there are many references to other sections of this chapter. These cross references are provided to help the reader find needed information, and to inform the reader of related provisions. This subsection explains the method of cross referencing to help the unfamiliar reader. The reference for this subsection would be written as follows:

§ 32-1(b)(3)

The symbol "§" means section. In all cases, the information following the "§" starts with the section, then the subsections in descending order. Additional levels of hierarchy would be shown as follows:

(Ord. of 2-14-1996, § 1.01; Ord. of 06-21-2017)

The general purpose of this chapter is to guide the character of growth, development and change in order to provide for the public health, safety, and general welfare. Throughout this chapter, the town seeks to balance the process of growth, development and change with the need to preserve and enhance those qualities, which make Newmarket a safe and desirable place to live, work and visit. In keeping with this general purpose, the following are specific objectives:

(1)

Lessen vehicle congestion in the streets;

(2)

Secure safety from fires, panic and other dangers;

(3)

Provide adequate sunlight and air circulation;

(4)

Prevent overcrowding of land and avoid undue concentration of population;

(5)

Facilitate adequate provision of public facilities, utilities and services;

(6)

Provide for adequate child day care;

(7)

Protect local natural resources and prohibit illicit discharges to the municipal storm drain system; and

(8)

Implement the policies of the Newmarket Master Plan, including, but not limited to:

a.

Enhance the built environment and aesthetic qualities of the town;

b.

Enhance the downtown village area by providing an appropriate mix of uses, improving its appearance, maintaining its traditional New England character, enhancing its pedestrian orientation, and promoting mixed-use mill re-development;

c.

Promote commercial development, including opportunity for home-based work, to broaden the tax base and employ residents;

d.

Enhance the quality of life and foster tourism by enhancing the town's natural beauty, ecological integrity, and natural recreational amenities such as the downtown waterfront, Great Bay and the Lamprey River;

e.

Provide for a variety of quality living arrangements, with emphasis on quality neighborhoods; and

f.

Protect the sense of community and friendly small-town atmosphere.

(9)

To advance aesthetic values through design and architecture, because the preservation or enhancement of the visual environment may promote prosperity and the general welfare.

(Ord. of 2-14-1996, § 1.02; Ord. No. 5-2016/2017, § 1, 6-21-2017; Ord. of 06-21-2017; Ord. No. 1-2023/2024, § 1, 9-20-2023)

(a)

Authority. Authority to adopt the zoning ordinance from which this chapter is derived is granted by the state to the local legislative body by RSA 674:16, and is conditioned by RSA 674:18, which requires that the planning board adopt objectives and land use sections of the Master Plan prior to adoption of said zoning ordinance.

(b)

Resolution. Pursuant to the grant of authority, and finding that the planning board adopted objectives and a land use section of the Newmarket Master Plan on November 1, 1994, the town council hereby repeals the previous zoning ordinance and adopts the new zoning ordinance, as proposed by the planning board and as set forth in this chapter.

(Ord. of 2-14-1996, § 1.03; Ord. of 06-21-2017)

There shall be a zoning map for the Town of Newmarket, which sets forth the base zoning district boundaries. The zoning map shall be available for public inspection at the Newmarket town offices in the planning board office. This map shall be used for all interpretations of base zoning district boundaries.

(Ord. of 2-14-1996, § 1.04; Ord. of 06-21-2017)

This section specifies those rights to which nonconforming uses, structures and lots are entitled.

(1)

Nonconforming use. The following control nonconforming uses:

a.

Any non-conforming use may be continued, except that if any such non-conforming use is abandoned, desisted, either voluntarily or by legal action, or caused to be discontinued, for a period of two (2) years, then any subsequent use of the building, other structures or use of the land shall be required to be in conformity with the provision of these regulations.

b.

Certain districts prohibit single-family residential use, and in such districts, the pre-existing single-family use is nonconforming. To prevent this chapter from being unduly burdensome on a nonconforming single-family residential use, such single-family houses shall be permitted to be physically expanded, and accessory structures added or expanded. All other requirements of this chapter shall apply. There shall be no increase in the number of residential units on the lot, excluding accessory dwelling units.

c.

Certain districts prohibit specific business/civic uses (see definition of business/civic), and in such districts these pre-existing uses are nonconforming. To prevent this chapter from being unduly burdensome on these pre-existing, nonconforming uses, the planning board may grant a special use permit for the expansion of these uses under the following conditions:

1.

The expansion shall not be greater than 30 percent of the floor area dedicated to the use at the time the use became nonconforming;

2.

The lot on which the use exists shall conform to all dimensional requirements of this chapter in existence at the time of application for the special use permit;

3.

All expansions of these nonconforming uses shall require site plan review, regardless of the size of the expansion. If the expansion is too small to otherwise qualify for site plan review, the requirements of minor site plan review shall apply.

(2)

Nonconforming structure. The following control nonconforming structures:

a.

Where an existing structure violates the setback requirements, horizontal expansion of the structure within the setback may be allowed if granted a special exception by the zoning board of adjustment. The zoning board of adjustment shall grant the special exception only if the following conditions are met:

1.

The expanded structure is no closer to the lot line than the existing structure.

2.

The expansion is not in the 100-year floodplain.

3.

The owner demonstrates that no other expansion, which reasonably fulfills the intended purpose, can be achieved in conformance with this chapter.

4.

Sanitary sewage disposal and water supply are provided if needed.

5.

The expansion shall not render the lot proportionally less adequate.

6.

The expansion does not adversely affect abutting properties, public health, safety or general welfare.

b.

Portions of structures within a setback may be enclosed or expanded upwards if granted a special exception by the zoning board of adjustment. The zoning board of adjustment shall grant the special exception only if the following conditions are met:

1.

If an upward expansion, it shall not have any adverse impact on any neighboring property, including but not limited to blocking of views and/or sunlight.

2.

If an upward expansion, it shall not exceed the maximum height limitations specified in this chapter.

3.

No part of the structure is located within the 100-year floodplain.

4.

The expansion shall not render the lot proportionally less adequate.

(3)

Nonconforming lot. The following control nonconforming lots:

a.

No action shall be permitted to change the boundary of the lot unless it brings the lot closer to conformance with this chapter and it makes no other aspect of the lot and/or all structures thereon more nonconforming.

b.

If the water body setbacks of section 32-154 cannot be achieved on an undeveloped pre-existing lot because the lot does not have sufficient depth from the water body, a new structure shall be permitted if granted a special exception by the zoning board of adjustment. The zoning board of adjustment shall grant the special exception only if the following conditions are met:

1.

Sanitary water supply and sewage disposal are provided, and if on site, the sewage disposal is located as far from the water body as is feasible or necessary;

2.

Non-water body setbacks shall be reduced by up to 75 percent before the water body setback is reduced, ensuring maximum protection of the water body and shoreline;

3.

The structure shall not be located within the 100-year floodplain.

(Ord. of 2-14-1996, § 1.05; Ord. of 5-7-1997; Ord. No. 2016/2017-01, 3-1-2017; Ord. of 06-21-2017; Ord. No. 3-2022/2023, § 2A, 3-1-2023)

As specified in RSA 676:14, whenever the requirements of this chapter differ from the requirements of another existing local code, the provision, which imposes the greater restriction, or higher standard shall be controlling. This same principal shall also apply where local codes differ from state or federal codes.

(Ord. of 2-14-1996, § 1.06; Ord. of 06-21-2017)

If any portion of this chapter is found invalid by a court of competent jurisdiction, this finding shall not invalidate the remainder of this chapter.

(Ord. of 2-14-1996, § 1.07; Ord. of 06-21-2017)

The code enforcement officer shall have sole authority to interpret, administer and enforce this chapter. The code enforcement officer shall have at his disposal all legally available means to fulfill these responsibilities. Decisions of the code enforcement officer are appealable to the zoning board of adjustment.

(Ord. of 2-14-1996, § 1.08; Ord. of 5-7-1997; Ord. of 06-21-2017)

(a)

Pursuant to RSA 674:21,l(i), a provision which permits flexible and discretionary zoning among other innovative land use controls, the town offers certain discretionary authority to the planning board in limited cases where generally stated standards appear inappropriate. Special use permits are provided in the following sections: Section 32-45(c)(3) to allow for modified dimensional standards in the village corridor district; section 32-45(f)(2)a for multifamily housing or mixed-use development(s) proposing greater than 16 residential units in the village corridor district; section 32-48(b)(2) for optional uses related to the golf course or outdoor recreation; section 32-159(b)(3) for siting telecommunications facilities; section 32-195 for open space design developments; section 32-232(2) for permitting large home-based businesses; and section 32-234(g)(5) for alternative parking locations related to accessory dwelling units; section 32-241(b)(2) for optional uses in the mills; 32-241(b)(2) a for self-storage facilities within existing buildings in the mills; section 32-241(b)(2)b for multifamily residential uses as part of a mixed-use mill redevelopment.

(b)

Process. As required by RSA 676:4,I, the planning board shall process requests for special use permits using the procedures of the subdivision regulations. The board shall grant the special use permit upon finding that the proposal is consistent with the purposes of this section. Specific criteria may be specified in the text of this section. In addition to these, if specified, the board shall review the general purpose of the ordinance as well as the purpose of the specific section of the ordinance to make its decision.

(Ord. of 2-14-1996, § 1.09; Ord. of 8-2-2000; Ord. of 06-21-2017; Ord. No. 3-2022/2023, § 2B, 3-1-2023; Ord. No. 01- 2024/2025, § 2, 6-18-2025)

This chapter provides for the establishment of the zoning board of adjustment (ZBA) as required per RSA 673:1(IV). With respect to this chapter, the ZBA shall review and decide on appeals from administrative decisions, applications for the special exceptions, applications for variances, and applications for an equitable waiver of dimensional requirements. The town council shall appoint five members and up to five alternate members to the ZBA.

(Ord. of 2-14-1996, § 1.10; Ord. of 5-7-1998; Ord. of 06-21-2017)

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:

Accessory means a structure or use subordinate and customarily incidental to a primary structure or use on the same lot.

Accessory dwelling unit ("ADU") means a residential living unit that is a subordinate use to the primary dwelling unit of a single-family lot which provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation.

Accessory dwelling unit, attached ("AADU") means an ADU that is physically attached to the single-family residence.

Accessory dwelling unit, detached ("DADU") means an ADU that is located within an existing or proposed detached accessory structure on a single-family lot.

Accessory dwelling unit, internal conversion ("ICADU") means and ADU that is located entirely within the single-family residence.

Accessory shed means a small one-story structure made of metal, wood, plastic or other synthetic material for the storage of items in conjunction with a residential use, which is subordinate and customarily incidental to the primary residential use, and is located on the same lot as the primary use. For purposes of section 32-239, a temporary self-storage facility or trailer, a tent or canvas enclosure, a portable garage, or construction container, is not considered an accessory shed.

Alternative tower structure means the use of alternative structures such as man-made trees, clock towers, bell steeples, light poles, water towers, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and their appurtenances.

Animal husbandry means agricultural activity which involves animals which produce manure or other wastes which would or could be considered objectionable to the surrounding neighborhood.

Antenna means any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, repeater, or any other communications through the sending and/or receiving or electromagnetic waves of any bandwidth.

Artist live/work space units means single enclosed private units of at least 900 square feet, which provide affordable living/work spaces for artists, writers, musicians, or craft people, in which a minimum of 40 percent of the space is devoted to studio space for creation, display, exhibit and sale of art, with the remainder used for living purposes.

Automotive repair means a building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted. The dispensing of fluids, including fuels, oil, and antifreeze shall be included in this use.

Bed and breakfast means a use in which an occupied single-family residence also offers for public hire up to three rooms for overnight accommodation, and offers meals prepared in the kitchen of the residence. This use shall be subordinate to the residential use of the structure and lot.

Best management practice ("BMP") means an activity, procedure, restraint, or an accepted and proven structural, non-structural or vegetative measure which reduces the quantity or improves the quality of stormwater runoff.

Board means the planning board.

Building official means the officer or other designated authority charged with the administration and enforcement of the building code, or a duly authorized representative.

Business/civic means all uses, except single-family residential, including manufactured housing; single-family residential, excluding manufactured housing; duplex residential; multifamily residential; and student housing.

Campground means a 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.

Child day care means the care and supervision of a child (any person under 18 years of age) away from the child's home and apart from the child's parents. (Also see Child day care, family, and Child day care, family group, and RSA 170-E:2.)

Child day care, family, means a use equivalent to the state definition of "family day care home." This is a use in an occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for up to six children from one or more unrelated families. The six children shall include any foster children residing in the home and all children who are related to the caregiver except children who are ten years of age or older. In addition to the six children, up to three children attending a full day school program may also be cared for up to five hours per day on school days and all day during school holidays.

Child day care, family group, means a use equivalent to the state definition of "family group day care home." This is a use in an occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for seven to 12 children from one or more unrelated families. The 12 children shall include all children related to the caregiver and any foster children residing in the home, except children who are ten years of age or older. In addition to the 12 children, up to five children attending a full-day school program may also be cared for up to five hours per day on school days and all day during school holidays.

Civic use means land areas and/or structures, publicly or privately owned, which are intended for the use, enjoyment and benefit of the community. Examples include, but are not limited to, the town offices, the post office, the community center, and churches.

Commercial amusement means an establishment engaged in providing amusement or entertainment for a fee or admission charge, and in which the patron is engaged on the premises as an active participant rather than a spectator.

Commercial excavation means a land area, which is used, or has been used, for the commercial taking of earth, including all slopes. (See also RSA 155-E:1.)

Conference center means a facility used for conferences and seminars, which may include accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms. If sleeping accommodations are a part of the facility, only 25 percent of the accommodations may be rented by transients at any point in time.

Country club means land and structures customarily associated with a golf course, comprising a club house, recreational facilities, and other accessory uses, and open to members and their guests or open to the public.

Cultural use means establishments that document the social and religious structures and intellectual and artistic manifestations that characterize a society and include museums, art galleries, and botanical and zoological gardens of a natural, historic, educational, or cultural interest.

Education facility means a building or part thereof, which is designed, constructed, or used for education or instruction in any branch of knowledge. The facility may be publicly or privately owned.

Environmental Protection Agency ("EPA") means the Federal agency responsible for implementing the Federal Water Pollution Control Act, AKA the "Clean Water Act."

Erosion means the wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or traffic (vehicular or pedestrian) and the subsequent detachment or movement of soil.

Erosion control means the prevention or reduction of the movement of soil particles or rock fragments.

FAA is an acronym meaning Federal Aviation Administration.

FCC is an acronym meaning Federal Communications Commission.

Forestry and agriculture means establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, performing forest services; or the production, keeping, or maintenance for sale, lease, or personal use of plants and/or animals useful to humans, including, but not limited to: Forages and sod crops, grains and seed crops, livestock, bees and apiary products, fruits of all kinds, nuts, berries, and/or flowers.

Frontage means that portion of the property boundary shared with a road right-of-way meeting the criteria listed in section 32-84(2).

Golf course means a tract of land laid out for at least nine holes for playing the game of golf and improved with trees, greens, fairways, and/or hazards. This shall not include miniature golf or other such commercial amusements.

Gross floor area means the floor area within the perimeter of the exterior walls of the structure without deductions for corridors, stairways, ramps, closets, thickness of interior walls, columns, or other features. Gross floor area is calculated by taking into account all stories of the structure exclusive of basements and attic spaces.

Height, when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure or appurtenance, even if said highest point is an antenna or other appurtenance.

Historic district means the Newmarket Historic District established under the authority granted to the town council by RSA 674:46.

Hotel means a facility offering transient lodging accommodations to the general public, with access to rooms through a main lobby and/or common hallways. Such use may provide accessory services such as restaurants, meeting rooms, entertainment, and recreational facilities.

Housing, age-restricted (elderly), means housing designed for and rented, leased or sold specifically to the elderly, specifically housing that qualifies as elderly housing under the Federal Fair Housing Act.

Housing, student, means dormitory-style housing in which a structure has been divided in a number of separately rented bedrooms with a common bathroom. Other common rooms may include a kitchen, living room, recreation room, etc.

Illicit connection means an unauthorized or illegal discharge into the municipal separate storm sewer system (MS4), including the following:

(1)

Any pipe, drain, open channel or other conveyances that have the potential to allow an illicit discharge or non-stormwater discharge to enter the MS4. Including, but not limited to, any conveyances which allow sanitary sewage, process wastewater, or wash water to enter the MS4. This includes any connections to the MS4 from building drains, sinks or toilets, regardless of whether said connection was previously allowed, permitted, or approved by an authorized enforcement agency.

(2)

Any pipe, drain, open channel or conveyance connected from a residential, commercial or industrial land use, to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized federal, state or local enforcement agency.

Illicit discharge means any direct or indirect non-stormwater discharge to the MS4, excepting discharges pursuant to a specific National Pollutant Discharge Elimination System ("NPDES") permit and firefighting activities.

Indoor recreation means an establishment that provides facilities for aerobic and anaerobic exercise, swimming, playing courts, shooting ranges, or similar indoor activities and facilities.

Lounge means an establishment where alcoholic drinks may be purchased for consumption. This may include brewpubs or similar establishments which prepare alcoholic beverages for sale and consumption.

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. This shall not include pre-site built housing as defined in RSA 674:31-a.

Manufacturing means an establishment 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, but which does not fit the definition of light manufacturing.

Manufacturing, light, means the fabrication, preparation, processing, finishing, assembly, packing or treatment of articles merchandise, or other products conducted solely within a totally enclosed structure, and operated in a manner which is not offensive, noxious, detrimental or dangerous to surrounding areas by reason of dust, smoke, fumes, odor, noise, light, or other adverse environmental effect.

Marina means a facility for the storing, servicing, fueling, berthing, and securing of boats, and may also include eating, sleeping and retail facilities for owners, crews and guests.

Medical care facility means a structure not exceeding 7,500 square feet in gross floor area that houses health services providers.

Mixed-use mill redevelopment means a lot, tract, or parcel of land in the VC district to be redeveloped as a single entity through the rehabilitation of existing mill buildings and the possible construction of compatible new building for a combination of residential and nonresidential uses as set forth in a master site development plan.

Municipal separate storm sewer system ("MS4") or municipal storm drain system means the system of conveyances designed or used for collecting or conveying stormwater, including but not limited to, roads with drainage systems, municipal streets, catch basins, inlets, curbs, gutters, ditches, man-made channels or storm drains, piped storm drains, pumping facilities, retention or detention basins, reservoirs or other drainage structures that together comprise the storm drain system owned and operated by the Town of Newmarket.

National Pollutant Discharge Elimination System ("NPDES") means the water quality program setup as part of the Clean Water Act, implemented by the EPA, to regulate the discharge of pollutants into surface waters of the United States.

Nonconforming lot means a lot which does not comply with the dimensional requirements of this chapter.

Nonconforming structure means that portion of a structure that does not comply with the requirements of this chapter.

Nonconforming use means a use that is not permitted in the base zoning district or overlay district in which it is located.

Nonconformity means a use, structure, lot or site improvement, which was lawfully in existence prior to the enactment of the zoning requirement, which would otherwise have prohibited it.

Nonpoint source means any source of water pollution that does not meet the legal definition of "point source" in section 502(14) of the Clean Water Act.

Non-stormwater discharge means a discharge to the municipal storm drain system not composed entirely of stormwater.

Nursing home means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing body by marriage, blood, or adoption. Generally, these are homes for the infirmed elderly.

Nursing home means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing body by marriage, blood, or adoption. Generally, these are homes for the infirmed elderly.

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, computers, and communications equipment. This may include areas for customers to be served, such as the lobby at a bank.

Outdoor recreational facility means a facility that is the primary use of a property and is designed for outdoor recreational activities, but specifically excluding racetracks for motorized vehicles. Examples of outdoor recreational facilities include, but are not limited to, playing fields, tennis courts, running tracks, playgrounds, and swimming pools.

Outfall means the discernable, confined and discrete point at which stormwater is discharged from a municipal or private storm drain system into waters of the State of New Hampshire or of the United States.

Out-of-home adult day care means a use similar to child day care, but provided for adults in need of assistance. The care and supervision of an adult (any person 18 years of age or older) in need of assistance while away from that person's home and apart from the person's caregivers.

Owner means a person who alone, or jointly with others, holds the legal title to any premises or has care, charge or control over any premises as agent, executor, administrator, trustee, lessee or estate guardian for the holder of legal title.

Place of assembly means a facility which accommodates a gathering of people who are jointly engaged in a singular activity. This shall include, but not be limited to, a church, meeting hall, gymnasium, sports stadium, and auditorium. The facility may be publicly or privately owned.

Point source means any discernable, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure or container from which pollutants are or may be discharged.

Pollutant means any element or property of sewage; agricultural, industrial or commercial waste; runoff; leachate; heated effluent; or other matter whether originating at a point or nonpoint source, that is or may be introduced into any wastewater treatment works or water of the State of New Hampshire or of the United States. Pollutants shall include, but not be limited to, the following:

(1)

Paints, varnishes, and solvents;

(2)

Oil and other automotive fluids;

(3)

Non-hazardous liquid and solid wastes and yard wastes;

(4)

Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, accumulations and floatables;

(5)

Pesticides, herbicides, and fertilizers;

(6)

Hazardous materials and wastes;

(7)

Sewage, fecal coliform and pathogens;

(8)

Dissolved and particulate metals;

(9)

Animal wastes;

(10)

Rock, sand, salt, soils;

(11)

Construction wastes and residues; and

(12)

Noxious or offensive matter of any kind.

Pollutant of concern means a pollutant, which causes or contributes to a violation of water quality standards.

Pre-existing towers and antennas means any tower or antenna lawfully constructed or permitted prior to the adoption of the ordinance from which this chapter is derived. Additionally, any tower or antenna lawfully constructed in accordance with this chapter that predates an application currently before the board.

Principal dwelling unit means the primary or pre-dominant residential use of a dwelling unit to which a property is or may be devoted and to which all other uses on the premises are subordinate or accessory.

Receiving waters means any watercourse, river, pond, wetland, ditch, lake, aquifer, ocean, or other body of surface water or groundwater that receives a discharge of wastewater, stormwater or effluent.

Research and development means an establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering or product development.

Residence, duplex, means a single structure containing two residential units, neither of which is an accessory dwelling unit.

Residence, multifamily, means a single structure containing three or more residential units, none of which is an accessory dwelling unit.

Residence, single-family, means a detached structure containing one residential unit, with or without permitted accessory dwelling unit.

Residential home-care facility means group residence occupied by people in need of assistance in their daily lives. Such facilities are designed and operated to house people with similar or common needs, such as a facility for frail elderly people, or people recovering from head injuries. Professional supervision and some services such as health monitoring, recreational activities, and transportation may be an integral component of the use.

Residential unit means one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single household or family.

Restaurant means an establishment where food and drink are prepared, served and either consumed on site or taken out to consume elsewhere.

Retail means selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This shall not include yard sales and other such activities which are incidental to a residential use, unless such incidental activities exceed seven days per year.

Sediment means mineral or organic matter transported or deposited by water or air.

Self-service storage facility means a structure containing storage spaces of varying sizes leased or rented on individual leases for varying periods of time and specifically for dead storage only, excluding the storage of hazardous or flammable chemicals and explosives.

Service or service use means a commercial use, which primarily provides services to people or businesses. There may be incidental retail or office activity, but the primary commercial activity is service. Examples include, but are not limited to, beauty salons and barbershops.

Setback means the horizontal distance between a structure and the lot boundaries, measured at right angles or radial to the lot boundary.

Short-term rental means the use, control, management or operation of a dwelling unit or accessory dwelling unit, in whole or in part, for dwelling, sleeping, or lodging purposed for periods of 30 consecutive days or less: For compensation, directly or indirectly.

Sign means any display of lettering, logos, colors, lights, or illumination visible from the property lines, which either conveys a message to the public, or intends to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products, services or facilities available, either on the lot or on any other premises. For purposes of this chapter, the term "sign" shall exclude merchandise display; federal, state, county or municipal property of any sort; necessary highway traffic control or parking control devices on public or private rights-of-way; and municipally assigned structure numbers.

Sign, electronic message board means a sign that is capable of displaying words, symbols, figures and images that can be electronically or mechanically changed by remote or automatic means.

Sign height means the measure from undisturbed ground directly under the sign to the top of the message area.

Sign message area means the total area used to display a sign's message, including all lettering, designs, symbols, logos, together with but not including the support framework, bracing and base, provided that these features remain incidental to the sign itself. Where the message area consists of letters, symbols, logos or devices affixed to the surface of a structure, wall, awning or window, the message area shall be measured by a single, continuous, rectangular perimeter drawn to enclose the extreme limits of the sign elements. The message area of one side of a double-faced sign shall be regarded as the total message area of the sign, provided that each of the double faces is parallel to, and attached directly to, the other.

Sign, freestanding, means a self-supporting sign not attached to any building, wall or fence, but in a fixed location. This does not include movable signs.

Sign, movable, means a sign capable of being readily moved or relocated, including portable signs mounted on a chassis and wheels, or supported by legs.

Sign, neon/LED style is used in the colloquial sense, to indicate the type of sign generally made with shaped glass tubes filled with gas (typically a noble gas such as neon or argon) which radiate colored light when an electric current is added. For purposes of this chapter, a neon sign is not considered an internally illuminated sign, but is defined separately. An LED (light-emitting diode) style sign is one that utilizes a two lead semiconductor light source, which emits light when activated.

Sign, off-site, means a sign, which is not located on the lot to which its message refers.

Sign, off-site commercial, means a sign with a commercial message relating to a commercial activity not conducted on the lot on which the sign is located.

Sign, projecting, means a sign which is affixed to the wall of a building and which extends more than 12 inches beyond the surface to which it is affixed.

Sign, wall, means a sign affixed to the wall of a building or to an awning, provided the sign does not extend more than 12 inches beyond the surface to which it is attached.

Sign, window, means a window, or portion thereof, on which sign message is displayed, whether by permanent or temporary attachment, but exclusive of merchandise display.

Special exception means a process by which the zoning board of adjustment alters the standard provisions of this chapter in a manner specified in this chapter, and only when conditions specified in this chapter apply.

Storage means the depositing, stockpiling, or safekeeping of items, goods, or materials not used on a regular basis.

Storm drain means a conveyance which carries storm and surface waters and drainage, but excludes sanitary sewage and agricultural, industrial and commercial waste.

Stormwater/runoff means rainwater, snowmelt, and/or other water that flows off surfaces and across or over the ground surface rather than infiltrating or being absorbed into the soil.

Structure means anything constructed or erected, on or in the ground, or an attachment to something having a fixed location on the ground, including: Permanent or temporary buildings; carports; porches; and other building features including stacks and antennas. This definition shall not include sidewalks, fences, driveways, septic systems, utility poles or lines, boundary markers, flagpoles, or retaining walls electricity generators, HVAC condensing units, and propane and oil tanks for residential use only and the pads on which they are located, provided the pad is less than 20 square feet in size.

Structure height means the vertical distance from the grade plane to the average height of the highest roof surface. For the purposes of this definition, grade plane is the reference plane representing the average finished ground level adjoining the structure at exterior walls; where 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 structure and the lot line or, where the lot line is more than six feet from a structure, between the structure and a point six feet from the structure.

Studio means the workshop of an artist, sculptor, photographer, or craftsperson.

Telecommunications facilities means any structure, antenna, tower, or other device which provides commercial mobile wireless services, cellular telephone services, specialized mobile radio communications (SMR), enhanced specialized mobile radio (ESMR), and personal communications service (PCS), paging services, and common carrier wireless exchange access services or similar services marketed to the general public or commercial user.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" also includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and similar structures.

Warehouse means a structure or space used primarily for the storage of goods and materials.

Wholesale means selling merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.

(Ord. of 2-14-1996, § 1.11; Ord. of 5-7-1997; Ord. of 5-6-1998; Ord. of 12-5-2007; Ord. of 11-19-2008; Ord. No. 2008/09-3, 6-1-2009; Ord. No. 2009-10-01, 7-20-2009; Ord. of 8-4-2010; Ord. No. 2016/2017-01, 3-1-2017; Ord. No. 5-2016/2017, § 2, 6-21-2017; Ord. of 06-21-2017; Ord. No. 3-2022/2023, § 2C, 3-1-2023; Ord. No. 1-2023/2024, § 1, 9-20-2023; Ord. No. 01-2024/2025, § 2, 6-18-2025)

The planning board, in accordance with RSA 674:43, is empowered to review and approve or disapprove site plans for the development or change or expansion of use of tracts for nonresidential uses or for multifamily dwelling units, whether or not such development includes subdivision or re-subdivision of the site.

(1)

It shall be the duty of the town clerk to file with the Rockingham County Register of Deeds a certificate of notice showing that the planning board has been so authorized, and giving the date of such authorization.

(2)

This authority was originally granted to the board on November 7, 1984, and was re-affirmed in the 1991 town Charter, and is re-affirmed on the date of adoption of the ordinance from which this chapter is derived.

(Ord. of 2-14-1996, § 1.12; Ord. of 06-21-2017)

Where an existing lot of record falls into more than one zoning district, the following shall apply:

(1)

For lots which are large enough to be subdivided, the provisions of each district shall be applied separately to each portion of the lot.

(2)

For lots which are not large enough to be subdivided, the provisions of the district which comprises the largest share of the lot shall apply to the entire lot.

(Ord. of 2-14-1996, § 1.13; Ord. of 06-21-2017)