Pursuant to RSA 672:3 "Abutter" means any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any person who is able to demonstrate that his/her land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term "abutter" means the officers of the collective or association, as defined in RSA 356-B:3, XXIII. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a manufactured housing park form of ownership as defined in RSA 205-A:1, II, the term "abutter" includes the manufactured housing park owner and the tenants who own manufactured housing which adjoins or is directly across the street or stream from the land under consideration by the local land use board.

An independent dwelling unit subordinate to a single-family house. (See Article 23, Accessory Uses.)

A use that:

The development of a new use for an older building or for a building originally designed for a different purpose.

A facility providing day or evening time care for five or more persons over 16 years of age who are in need of supervision or assistance or a facility that is not located in the home of the provider.

Daytime care in the home of the provider for up to four persons (at any one time) over 16 years of age who are in need of supervision or assistance and who are not related to the provider.

Includes, without limitation, adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets, and/or massage parlors. When used in connection with the phrase "adult-oriented establishments," the following words and phrases shall have the following meanings ascribed to them:

Any person who can show written evidence that he/she is acting on behalf of the property owner.

See "farm."

A facility used for landings and takeoffs by commercial and private fixed wing or rotary wing aircraft. It typically includes aircraft storage and service facilities.

A use permitted by right, by conditional use, by special exception, or by another approval process.

Innovative siting techniques that shall include man-made trees, inclusion in or on bell steeples, clock towers, hose towers, existing light poles, and similar alternative-design mounting methods that camouflage or conceal the presence of antennas.

See "tower."

A building, pole, telescoping mast, tower, or other such structure which supports an antenna or radio frequency spectrum repeaters.

See "retail establishments."

See "dwelling, apartment building," "dwelling, mixed-use," "dwelling, multifamily," and "security apartment."

Any person, agent, firm, association, condominium association, organization, partnership, trust, entity, company or corporation that submits an application for approval to the City of Rochester under this chapter.

The organized propagation of harvestable estuarine or marine plant or animal species.

A continuous passageway parallel to and open to a street, open space, or building, usually covered by a canopy or permanent roofing.

The highest order public road, one which carries a high volume of traffic (exceeding 5,000 vehicles per day) at relatively high speeds, and is largely used for travel between areas within the City and areas beyond the City. Its primary function is to provide mobility (through travel) rather than access to adjoining property.

A place where an artist produces individual handmade crafts and works of art. Those works produced on site may or may not be displayed and sold on the premises.

A residential development for older persons that offers a moderate level of support for residents, possibly including recreation, counseling, and medical services and assistance with daily living. Common dining facilities are featured with limited or no cooking facilities in the individual units. (See also "nursing home" and "senior housing.")

See "vehicle."

The average of finished ground level along the perimeter of a building's exterior walls.

A structure attached to a building that shelters the building's windows or doors and/or pedestrians from weather.

A business where money is kept for savings or commercial purposes, invested, supplied for loans, or exchanged. Banks customarily include credit unions, counter service by tellers, drive-through service, and automated money machines.

See "lodging facility, bed-and-breakfast."

A room in a dwelling used, or intended, primarily for sleeping.

A dwelling operated as a business or on a not-for-profit basis providing rooms for rent on a daily, weekly, or other basis. The rooms do not include cooking facilities and thus are not individual dwelling units. Meals may or may not be provided by the owner/operator. Such rooms generally serve as the primary residence (of whatever duration) for the occupants though they may be available also as lodging for visitors. [This use is distinguished from a group home (see definition below under community residence-1) or bed-and-breakfast.]

See "vehicle."

An area within a subject property, generally situated adjacent and parallel to the property line, which serves to screen, soften or minimize a development's visual, auditory, or other impacts upon adjoining properties. A buffer may be composed of open space, existing vegetation (trees and/or shrubs), newly planted vegetation, fences, walls, berms, or a combination of these.

A lot intended for development which meets the requirements of RSA 674:41.

The opposite of a conventional setback, i.e., an imaginary line located parallel to, and a specific distance from, the front or side lot line up to which the building facade must touch or extend beyond.

A zone at the front of a lot, parallel to the front lot line, within which the front building facade must be located.

A structure that provides or can provide housing, shelter, or enclosure for people, animals, vehicles, equipment, or other personal property and which is fully enclosed and protected from the weather with one or more floors (whether finished or not), walls on all sides, and a roof. (See also "structure.")

The percentage of the total lot area which is covered by building footprints.

The ground area enclosed by the exterior surfaces of the foundation walls of a building, together with the area of all covered porches and other roofed portions.

The primary facade of a building which faces and is parallel to or nearly parallel to a public or private street.

The vertical distance from the finished grade to the top of the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.

The Building Inspector or Director of Building, Zoning, and Licensing Services of the City of Rochester or agent thereof.

The horizontal distance between buildings on the same lot.

See "eating and drinking establishments."

See "vehicle."

A dwelling unit that is incorporated into, and is accessory to, a residential or nonresidential use and is occupied by an owner or an employee of the business occupying the principal use and having a gross floor area not exceeding 750 square feet. (See Article 23, Accessory Uses.)

A structure designed to provide storage space for a vehicle, consisting of no more than two walls and a roof. A carport is accessory to, and may be attached to or detached from, the principal building.

An establishment which prepares ready-to-consume food on premises to be delivered and served off premises.

A permit certifying that a structure complies with the requirements of the City of Rochester and may be lawfully occupied for appropriate uses.

A charitable organization conducting games of chance as defined in RSA 287-D:4. The facility shall be licensed by the State of New Hampshire pursuant to RSA 287-D:7.

See day care-3.

The government of the City of Rochester, New Hampshire.

The City Council of the City of Rochester, New Hampshire.

All existing public ways other than Class I through V roads, all roads discontinued as open highways and made subject to gates and bars, and all roads which the City has not maintained and repaired in suitable condition for travel for at least five successive years. (See RSA 229:5, VII.)

A facility exclusive to club members and their guests, which may or may not include a dining area, lounge, meeting spaces, a function hall, and limited, small-scale recreational facilities. "Club" includes fraternal organizations, veterans' groups, service groups, and other not-for-profit organizations with common interests, but does not include country clubs, health clubs, and houses of worship.

The entire body of ordinances adopted by the City Council, of which this chapter is only one part.

A mid-level public road, one which generally carries fewer than 5,000 vehicles per day. Its function is to provide both mobility (through travel) and access to adjoining property.

Facilities, equipment, or uses located within the same structure or parcel, often sharing the same driveway and parking facilities.

Placement, on a single supporting component, of communications and other utility distribution equipment, devices and hardware that serve more than one provider.

Any hall owned or leased by an individual, corporation, realty trust, partnership, association, or any other person who rents or leases the hall to a charitable organization for the operation of bingo games or Lucky 7, excluding halls owned by any charitable organization or governmental subdivision as defined by RSA 287-E:1.

A use, activity, or enterprise which is carried on as a business or for profit by the operator (as opposed to governmental, nonprofit, volunteer, or household activities).

A vehicle registered for commercial use.

A building that accommodates recreational, education, entertainment, and cultural activities for use by residents of the individual community (subdivision, manufactured home park, multifamily development, or neighborhood) or the general public.

A dwelling, licensed by or operated by a governmental agency, for the purpose of providing ongoing care and oversight to a special population of persons who are physically, mentally, or emotionally handicapped (as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Act of 1988) or for orphans and neglected children. Authorized supervisory personnel are present on the premises at all times. A community residence-1 has no more than six individual residents. (See also "community residence-2" and "residential facility.")

A dwelling, licensed by or operated by a governmental agency, for the purpose of providing interim care and oversight for participants of a program of rehabilitation for persons convicted of a crime or recovering from substance abuse prior to their complete re-entry into society. Authorized supervisory personnel are present on the premises at all times. A community residence-2 has no more than six individual residents. (See also "community residence-1" and "residential facility.")

A site where decomposition processes are used on solid waste to produce compost. Solid waste includes leaves, grass, manures, and non-meat and non-dairy food production wastes received from residential, commercial, industrial nonhazardous and community sources, but does not include biosolids or medical waste.

A use permitted in a particular zoning district when it is shown that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the approving authority. (See Article 21, Conditional Uses.)

The terms that a development must comply with whether specified in this chapter, the Site Plan Regulations or Subdivision Regulations, or the specific approval of a project.

A facility used for business and professional meetings, often with accommodations for sleeping, eating, entertainment, exhibits and recreation.

The Conservation Commission of the City of Rochester, New Hampshire.

A subdivision in which a substantial portion of land which would otherwise be buildable is permanently preserved as open space. (See Article 33, Conservation Subdivisions.)

A site upon which vehicles or equipment (such as bulldozers, front-end loaders, and backhoes) or materials used by professional contractors in construction, land clearing, landscaping or other similar activities are stored. This includes the office used by the contractor as an accessory use. Land upon which any of the above items are temporarily stored on site during the course of an active construction project is not considered a contractor's storage yard.

See "retail establishments."

A subdivision in which most or all of the buildable land is allocated to building lots, roads, and infrastructure with relatively little buildable land dedicated to open space.

See "lot, corner."

A facility catering predominately to club members and their guests, which may or may not include a dining area, a lounge, meeting spaces, a function hall, and significant recreational facilities such as a swimming pool, tennis courts, and a golf course.

An open space wholly or partially surrounded by the wings of one building or multiple buildings.

Unless otherwise specified, "coverage" refers to "lot coverage." (See "building coverage" and "lot coverage.")

A state-licensed facility providing day or evening time care for seven or more preschool age children (at any one time) with more than one provider or a facility that is not located in the home of the provider (also known as "child-care center," "preschool," or "nursery school"). (This use includes the "family group child-care home" and the "group child-care center" as defined by the State of New Hampshire.)

Daytime care for up to six preschool age children (at any one time) in the home of the provider plus, on an after-school basis, up to three school age children who attend a full-day program outside of the day-care home. The numbers of children set forth here include the provider's own biological, adopted, step, or foster children if those children are less than 10 years of age. (This use is the same as the "family child-care home" as defined by the State of New Hampshire.)

Daytime care for up to three children (at any one time), not including the provider's own children, in the home of the provider.

An unroofed platform, either freestanding or attached to a building. May be supported by pillars or posts.

The number of families, dwelling units, households, or housing structures per unit of land.

The person(s), firm, organization, or other entity carrying out development of property.

A development containing two or more buildings containing three or more residential units in total on the same lot. Multifamily development can take many forms.

The elevation at which the size of an established tree is customarily measured, 4 1/2 feet above grade.

A facility where a set of products is stored for distribution to retailers and/or wholesalers or directly to consumers. A warehouse, in contrast, often contains the goods from a single entity, whereas a distribution center often contains the goods from multiple entities.

A use offering window service to drivers in vehicles, typically including fast-food restaurants, pharmacies, and banks.

A building containing one or more residential units. Lodging facilities, recreational vehicles, motor homes, travel trailers, and structures intended for transient or short-term occupancy are not considered dwellings.

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

Any building or portion thereof which contains five or more dwelling units.

A building with one or more dwelling units contained within a mixed-use (MU) building, such as apartments over commercial uses.

A building or portion thereof containing three or more residential units with separate cooking and toilet facilities for each dwelling on one individual lot.

A detached dwelling which:

A building which:

The commercial removal of materials on or below the surface of the earth, including soil, sand, gravel, rock, stones, clay, peat, or other mineral deposits or organic substances in accordance with RSA 155-E. This does not include the removal of vegetation or materials incidental to agriculture, development site work, or building construction.

The right to use another person's land for a stated purpose. It can involve a general or specific portion of the property.

See "senior housing."

A public or private parking space located together with a battery charging station, aka "electric vehicle supply equipment (EVSE)," which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.

A facility which may operate 24 hours each day, seven days each week, including fire, law enforcement, and emergency medical and veterinary services.

Include any nonindigenous feline, nonhuman primate, nonindigenous bear, wolves, and nonindigenous dogs except domestic dogs, any unusual pets such as mammals, birds, or reptiles, and any nontraditional livestock such as reindeer, ostrich and emu, water buffalo, and American bison among others.

A retail sales operation (as an accessory use) at a factory or warehouse limited to goods produced by or for the company in the usual course of its business.

A large-scale entertainment event, such as an annual summer/fall fair, situated on land on which significant permanent structures have been erected largely to serve the fair. A special, small-scale, temporary entertainment event lasting no more than 10 days such as a carnival, bazaar, or circus situated on land on which no significant permanent structures have been erected largely to serve the fair is considered an accessory use.

All uses and activities as articulated in RSA 21:34-a. (Also see "farmer's market," "forestry," "livestock," "plant nursery," and "roadside farm stand.")

All uses and activities as articulated in RSA 21:34-a but excluding the commercial raising, keeping or handling of livestock, poultry, horses, dogs, fur-bearing animals, fish, bees, and any other animals.

A market held in an open area or in a structure, on private or on public property, where individual sellers offer for sale to the public primarily agricultural produce dispensed from booths or off the back of trucks located on site.

See "lot, flag."

The sum of the areas of all floors of a building as measured from the exterior faces of the walls, excluding unfinished cellars and attics, porches, garages and utility areas.

See "retail establishments."

See "eating and drinking establishments."

The cultivation and harvesting of trees for commercial purposes. This does not include clearing of trees in conjunction with building development.

The width of a lot bordering on and providing access to a public street but excluding limited access highways, as defined by RSA 230:44, such as the Spaulding Turnpike, Route 16 and associated accessways to the Milton town line.

Bulk storage of fuel, natural gas, propane, gasoline, or any petroleum-based products to be used for off-site distribution. "Fuel storage" includes aboveground tanks, below-ground tanks, and storage within fuel trucks when those trucks are parked on site overnight while holding fuel. (See "tank storage facility.")

A public, private, or commercial facility, located in a building, established for the purpose of hosting public and private events of a social, recreational, or civic nature.

A building used for the preparation of the deceased for burial or cremation, related rituals, and storage and sale of caskets, urns, and other related materials.

An attached or detached structure used primarily for the storage of vehicles.

A site where gasoline or other petroleum products or fuels are sold/dispensed on a retail basis. Minor vehicle maintenance is considered an accessory use.

The entire body of ordinances adopted by the City Council, of which this chapter is only one part.

A property laid out with at least nine holes for playing the game of golf. It may include a clubhouse with services to golfers. "Golf course" does not include:

A portion of a buildable lot that has been permanently set aside as undeveloped land. (Also see "buildable lot" and "open space.")

See "retail establishments."

A solar collection system and associated mounting hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking systems.

Consists of the inanimate elements of landscaping, especially any masonry work or woodwork. For example, stone walls, concrete or brick patios, tile paths, wooden decks and wooden arbors would all be considered part of the hardscape.

Hazardous waste materials are classified as such by the New Hampshire Department of Environmental Services under RSA 147-A:2.

Also called a fitness studio, gym or exercise center, having members who pay a fee to use its health and fitness facilities and equipment, often including courses for aerobics, a wellness area, and rooms for weight lifting, massage, etc., courts for handball, racquetball, etc., and, often, a swimming pool, sauna, etc.

A facility used for landings and takeoffs by helicopters as a nonresidential accessory use.

The Historic District Commission of the City of Rochester, New Hampshire.

An occupation or business activity which is conducted by a resident within his/her own dwelling or in a garage or barn-type outbuilding and which is clearly subordinate to the principal residential use. Home occupations are designated as home occupation-1, -2, and -3. (See Article 24, Home Occupations.)

A large-scale and multi-departmental institution providing medical and surgical care for the sick and injured, largely on an in-patient basis. Related facilities may include outpatient departments, offices, laboratories, training and teaching facilities, conference facilities, food service, and dormitories. (See also "office, medical.")

Refer to RSA 72:23, III.

A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

An animal that is customarily kept for personal use or enjoyment within the home.

A business engaged in the display and sale of manufactured housing or presite built housing units.

A semi-independent living area (not to exceed 400 square feet) that is part of a larger dwelling unit. An in-law apartment may have its own bedroom, bathroom, and cooking facilities but it has no separate walkable entrance to the outside. Access to the in-law apartment is exclusively from within the larger dwelling unit such that the resident of the in-law apartment is inextricably a member of the household occupying the larger dwelling unit.

A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses.

The manufacture, fabrication, assembly, treatment, processing, packaging, research, and development of products.

The processing or manufacturing of products predominantly using basic raw materials or the significant use of flammable, explosive, or hazardous materials, solvents or reactive chemicals or which includes operations which result in significant noise, glare, odor, dust, smoke, or vibration which can be detectable beyond the building. Includes industries or processes which require large water volumes or wastewater treatment needs and those which will generate truck traffic trips that increase the background volumes by 10% or more or which have truck traffic patterns likely to have a measurable impact on noise levels between 5:00 p.m. and 8:00 a.m. in adjacent residential areas.

Industry that works predominantly with previously prepared, manufactured, or processed materials or parts. Light industry generally includes assembly, fabrication, research and development, office-type uses, most high technology production, and packaging.

The Recycling Industrial District is established to accommodate large-scale, land-intensive landfill, recycling, and junkyard type uses on parcels 11 acres or larger.

A place used for storing and keeping, or storing and selling, trading, or otherwise transferring old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel, or other old or scrap ferrous or nonferrous material. As used in this definition, the term includes, but is not limited to, the following types of junkyards:

A commercial establishment for the boarding, day care, breeding, training, and/or selling of dogs, cats, or other household pets. Kennels are subject to the provisions found in RSA 466:6, Group Licenses.

Living trees, shrubs, ground cover, soils, grass, fences, and other similar natural and decorative features.

A business providing clothing and linen washing and drying services for walk-in retail customers, offered either as self-service or as fee for service. A laundry establishment-1 does not exceed 1,000 square feet and no dry cleaning is performed on site.

A business providing clothing and linen washing, drying, and/or dry-cleaning services for retail and wholesale customers, offered either as self-service or as fee for service. A laundry establishment-2 does not exceed 3,000 square feet.

A business providing large-scale commercial/industrial clothing and linen washing, drying, and/or dry-cleaning services.

Animals raised as beasts of burden or as sources of meat, milk, honey, leather, wool, or other products.

The lowest order road with the lowest traffic volumes and design speeds. The primary functions of a local road are to provide access to the property bordering it and to distribute that traffic to collector and arterial roadways.

A facility offering short-term overnight accommodations for paying transient guests. Visitors to a lodging facility have their primary residence elsewhere.

A 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 and as defined in RSA 674:24, II.

The computed area contained within the lot lines.

The percentage of area of a lot which is covered by building footprints, decks, patios, other structures with impervious or largely impervious surfaces, pavement, concrete, driveways, and parking areas (whether paved, dirt, or gravel).

The mean distance from the front lot line to the rear lot line (in most cases measured from the mid points of each).

The common boundary with the road right-of-way. (For corner and double frontage lots see Article 19, Dimensional Regulations.)

That lot line opposite (and generally parallel or roughly parallel to) the front property line.

Those lot lines connecting the front and rear lot lines.

A lot which is described in a deed which was lawfully recorded in the Strafford County Registry of Deeds prior to the enactment of planning and zoning regulations in Rochester or which, if not so deeded, is a lot which is part of a subdivision, the plan of which was lawfully recorded in the Registry.

The width of a lot measured in a straight line between the side lot lines at the front lot setback line.

A lot at the junction of and fronting upon two or more intersecting roads.

A lot with frontage on parallel streets (its front and rear lot lines). (See also "lot, corner" and "lot, triple frontage" in this section and double frontage lots under Article 19, Dimensional Regulations.)

A lot with less than the required frontage on a public road but with sufficient buildable area at the rear. The access area is construed as the "flagpole" with the rear area as the "flag."

Any lot other than a corner lot or a double frontage lot.

A lot with frontage on three sides. (See also "lot, corner" and "lot, double frontage" in this section and triple frontage lots under Article 19, Dimensional Regulations.)

See "eating and drinking establishments."

Any structure, meeting the federal Manufactured Home Construction and Safety Standards Act, commonly known as the HUD Code, 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 has at least 320 square feet of habitable space, 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 systems contained therein. Manufactured housing as defined here does not include presite built housing as defined in RSA 674:31-a.

A single parcel of land on which are placed at least two or more manufactured housing units. Manufactured housing units are placed on individual sites rather than individual platted lots. Roads, utilities, and other infrastructure throughout the park are privately owned. A manufactured housing park is specifically approved as such by the Planning Board.

A major subdivision (i.e., involving construction of a new City road) of a parcel into individual surveyed and platted lots for the placement of manufactured homes. A manufactured housing subdivision is specifically approved as such by the Planning Board.

A facility for storing, servicing, fueling, berthing, and securing of boats. This includes land facilities for storage.

See "office, medical."

One or more buildings containing separate, self-contained, private storage spaces leased or rented to individuals.

The computed area contained within a lot that meets the dimensional standards of this chapter, excluding very poorly drained soils and steep slopes greater than 25%.

The computed area contained within a lot for each additional dwelling unit that meets the dimensional standards of this chapter, excluding very poorly drained soils and steep slopes greater than 25%.

See "manufactured housing."

Any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in off-site manufacturing facilities in conformance with the United States Department of Housing and Urban Development minimum property standards and local building codes, for installation, or assembly and installation, on the building lot. A modular home is separate and distinct from a manufactured housing unit.

The production and/or sales of markers for gravestones generally made of stone, including the outside display and storage of monuments.

See "lodging facility, motel."

See "junkyard"

See "dwelling, multifamily."

A nonprofit, public, or commercial institution operated principally for the purpose of acquiring, preserving, and exhibiting to the public objects of historical, cultural, scientific, or artistic interest. It may also sell related items of interest as an accessory use.

See "eating and drinking establishments."

Land that cannot be built upon due to legal restrictions such as covenants or easements.

A lot which was lawfully established but which does not conform to the current requirements of this chapter, as amended, related to area, frontage, or other elements.

A lot, site, structure, or use which does not conform to one or more requirements of this chapter, as amended, but which was lawfully established prior to the adoption of the chapter provision(s) with which it does not comply.

A development which was lawfully established but which does not conform to one or more of the current requirements of this chapter, as amended, related to any elements of site layout or design.

A building or other structure which was lawfully established but which does not conform to one or more of the current requirements of this chapter, as amended, related to setback, height, size, or other elements.

A use which was lawfully established but which is no longer permitted in the zoning district, as amended, in which it is located.

An extended or intermediate care facility licensed or approved to provide intensive convalescent or chronic care to residents 24 hours per day. No formal cooking facilities are included in the individual rooms/units. (See also "assisted living facility" and "senior housing.")

A building, portion of a building, or leasable space in which work of a predominantly administrative, professional, or clerical nature is performed. It may contain multiple separate offices. An office is generally furnished with desks, tables, files, computers, and office and communications equipment. There are no walk-in retail consumer sales nor services nor production/manufacture of any physical products for sale, with any exceptions detailed in this chapter. An office may also be an accessory use to a principal use such as a retail store or factory. "Office" excludes "office, medical," "office, professional" and "retail services" (see those definitions).

A building, portion of a building, or leasable space in which on-site mental and physical health care on an outpatient basis is provided. Practitioners may include physicians, surgeons, nurses, dentists, chiropractors, psychologists, mental health counselors, and other such similar health care professionals. (Also see "hospital.")

A building, portion of a building, or leasable space housing professionals such as lawyers, architects, engineers, surveyors, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise (other than limited incidental merchandise) exists. "Office, professional" excludes "office," "office, medical" and "retail services" (see those definitions).

A separate lot ("open space lot") or portion of a buildable lot (also called "green space") designated as protected, undeveloped land. (Also see "buildable lot" and "green space" in this section and open space requirements in Article 19, Dimensional Regulations.)

A lot, a portion of a lot, or multiple lots (or portions thereof) on which development may occur.

A parking lot or parking garage used as an independent business venture for the short-term parking of automobiles on an hourly, daily, weekly, or monthly basis for a fee.

A parking lot or parking garage, owned by a municipal or public entity, used for the short-term parking of automobiles on an hourly, daily, weekly, or monthly basis, and which may require permitting or usage fees.

A multilevel structure used for the storage of automobiles.

An off-street, ground-level open area that provides storage for motor vehicles.

A continuous perimeter foundation of masonry constructed underneath a building in accordance with the City of Rochester Building Codes.

Any use allowed in a zoning district "by right" in contrast to a conditional use, a use permitted by special exception, or an accessory use. Nonetheless, there are numerous requirements which may apply and there is a significant review process involved for most permitted uses in accordance with the requirements of this chapter and the Site Plan Regulations and Subdivision Regulations. (Also see "accessory use," "conditional use," and "special exception" in this section and Article 20, Standards for Specific Permitted Uses.)

Establishments serving individual necessities, including but not limited to barbershops, beauty salons and spas, massage services by masseurs/masseuses, personal laundry/dry-cleaning services, tattoo parlors, and travel agencies.

See "retail establishments."

A special zoning designation that allows the owner of a large parcel of land to propose his/her own development project largely independent of current land use requirements.

The Planning Board of the City of Rochester.

Land and associated structures, including greenhouses, used to raise trees, shrubs, flowers, and other plants for sale on site or at another location. Limited related landscaping and decorative items are frequently sold on site as well.

A map of a subdivision showing surveyed lot lines with bearings and dimensions.

A roofed projecting structure connected to a building that may be enclosed by screen, latticework, broad windows, or other light frame walls extending from the main structure. A front porch is elevated above the surface of the ground, has front steps, a railing, and porch posts or columns. It provides direct access to the building but is not habitable year round.

A special subdivision that allows a limited number of flag lots in order to help preserve scenic roads and discourage development of new culs-de-sac on back lots. (See "porkchop subdivisions" in Article 21, Conditional Uses.)

See "modular housing."

A building in which the principal use is conducted (in contrast to an accessory structure). (Also see "accessory structure.")

The primary activity that occurs on a lot, i.e., that activity which is the most prominent and visible, engages the most people, and has the most significant impacts. (Also see "accessory use" and "secondary use.")

A large-scale establishment (over 3,000 square feet) for printing services. It is oriented toward commercial customers rather than walk-in retail customers. (See also "retail services" which encompasses photocopying.)

A private travel way, providing access to two or more lots, which has its own platted right-of-way, separate from any of those lots. (Does not include "shared driveway.")

See "office, professional."

A use which is not specifically permitted by right, by conditional use, or by special exception and which is not an accessory use.

Maximum rated alternating current ("AC") output of solar collection system based on the design output of the solar system.

A commercial facility within a building devoted to active sports and recreation. "Indoor recreation" may include billiard parlors, pinball/video arcades, health clubs, fitness centers, paintball, bowling alleys, indoor sports arenas, swimming pools, and gymnasiums.

An open air commercial facility, including open air roofed structures, devoted to active sports and recreation. "Outdoor recreation" may include ball fields, miniature golf, driving ranges, archery ranges, outdoor paintball, sports arenas, amusement parks, skating rinks, swimming pools, tennis courts, cross-country ski centers, and water slides. "Outdoor recreation" does not include shooting ranges or facilities with individual motorized vehicles such as go-carts, race cars, or motorcycles.

A noncommercial outdoor passive or active recreational facility serving the general public or residents of a particular neighborhood. It is owned or managed by the government, a land developer, a homeowners' association, or similar entity.

A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes. An RV is not considered a dwelling unit.

A type of solid waste facility that consists of a building used for the collection, temporary storage, and/or processing of recyclable material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. When any of these activities occur outside of a fully enclosed building, the use may be considered a junkyard. (See also "composting facility," "junkyard," "industry, recycling," and "solid waste facility.")

A facility primarily used for scientific or product research, investigation, testing, or experimentation. Depending on the exact nature of the activities this use is also encompassed by office, software development, light industry, or heavy industry classifications.

A subdivision, established neighborhood, apartment or townhouse complex, manufactured housing community, or other multifamily development.

A facility serving the same function (and following the same requirements) as either a Community Residence-1 or -2 but with more than six individual residents. (Also see "Community Residence-1" and "Community Residence-2.")

Vacant land zoned residential or land currently in residential use.

See "eating and drinking establishments."

See "eating and drinking establishments."

A commercial operation that involves the display, sale, and/or lease/rental of physical goods to the general public or businesses. "Retail sales" does not involve the provision of personal or business services, except where incidental to the sale of physical goods. (Also see "retail services," "vehicle sales, new" and "vehicle sales, used.")

See "retail establishments."

A strip of land used for the location of a street, walkway, or utility line that is separate and distinct from the lots adjoining it. (Also see "easement.")

A small-scale, informal roadside structure for the seasonal sale of agricultural produce, flowers, Christmas trees, and related goods, produced on site or at another location.

A solar collection system that is on a roof of a building or structure, including limited accessory equipment associated with system which may be ground mounted.

A commercial operation providing sawing, milling, planing, or similar services and products from timber.

A portable facility for the sawing, milling, planing, or similar processing of timber harvested from the site upon which the temporary sawmill is located. (See "sawmill, temporary" under Article 23, Accessory Uses.)

A public, private, or parochial educational facility, licensed by the State of New Hampshire, that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, and high schools.

A public, private, or commercial establishment that provides a curriculum of academic, technical, or vocational instruction beyond the high school level or one which offers instruction in other areas such as music, arts, dance, martial arts, business, or driving.

A use located on the same lot as a principal use but which is clearly of lesser scale, impact, or visibility than the principal use. A secondary use is not an accessory use as it is largely independent from the principal use. (See also "accessory use" and "principal use.")

See "retail establishments."

A dwelling unit which is attached to or located with an allowed primary business use and occupied by the business owner, family member or employee whose accessory purpose is to provide security and/or protection of the business premises. (See Article 23, Accessory Uses.)

A residential development for older persons who own or rent their own independent dwelling units. Generally, little or no support is provided on site for activities of daily living. Pursuant to RSA 354-A:15, to qualify as senior housing a development is occupied solely by persons 62 years of age and older; at least 80% of the units within a development are occupied by at least one person 55 years of age or older; or the development is defined as senior housing according to a formula acceptable to state or federal housing authorities. (See also "assisted living facility" and "nursing home.")

See "retail establishment."

The minimum distance from a lot boundary line that certain types of structures or other objects, elements, or activities must be placed. Setbacks are measured perpendicular to lot lines and extend for the full width or depth of the lot, accordingly. (See "setback, general" and "setback, special"; note that in common usage the term "setback" usually refers to general setbacks.) (See the Tables of Dimensional Standards in Article 19.)

An area on a lot within which a setback applies, i.e., within which certain types of structures may not be placed.

The minimum setback established from the front property line.

The minimum distance from a lot boundary line from which buildings, roofed structures, open air decks, and porches must be placed as specified in the Tables of Dimensional Standards in Article 19. (In common usage, general setbacks are usually simply referred to as "setbacks.")

The minimum setback established from the rear property line.

The minimum setback established from the side property lines.

In addition to the setbacks listed in the Tables of Dimensional Standards there are several use-specific and situational-specific setbacks noted throughout this chapter. The more restrictive setback will apply.

A private travel way providing access to two or more lots by way of an easement across one or more of those lots. (Also see "private road.")

A facility providing temporary daytime, evening, and/or overnight shelter to homeless or indigent people or people in need of a protective environment due to threatening circumstances. A shelter may also provide food, personal care, and counseling services.

A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

(For definitions of numerous sign types see Article 29, Signage.)

See "dwelling, single-family."[1]

The plan for the development of one or more lots.

The City of Rochester Site Plan Regulations.

A wind energy conversion system consisting of a wind generator, tower and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and which is used primarily for on-site consumption.

An accessory facility which sells food and beverages for consumption on the premises.

A solar collection system primarily for on-site commercial use and consisting of one or more ground-mounted solar array(s) or a roof-mounted solar collection system. Accessory commercial solar systems are intended to primarily reduce on-site consumption of utility power with a rated nameplate capacity of 100kW AC or less.

A solar collection system primarily for on-site industrial use and consisting of one or more ground-mounted solar array(s) or a roof-mounted solar collection system. Accessory industrial solar systems are intended to primarily reduce on-site consumption of utility power with a rated nameplate capacity of 100kW AC or less.

A solar collection system primarily for on-site residential use consisting of a ground- or a roof-mounted solar collection system. Accessory residential solar systems are intended to primarily reduce on-site consumption of utility power with a rated nameplate capacity of 25kW AC or less.

Includes all equipment required to harvest solar energy to generate and transmit generated energy to the point of interconnection electricity. The solar collection system includes storage devices, power conditioning equipment, transfer equipment, and parts related to the functioning of those items. Solar collection systems include only equipment up to the point of interconnection to the utility grid or site service point.

A principle use of land that consists of one or more free-standing, ground-mounted, or roof-mounted solar collection systems with a rated nameplate capacity of up to 1 MW AC.

A principle use of land that consists of one or more free-standing, ground-mounted, or roof-mounted solar collection systems up to 250 kW AC.

A panel that converts the sun's radiation into energy for use.

A principle use of land that consists of one or more free-standing, ground-mounted solar collection systems larger than 1 MW AC.

A location or system for resource recovery, recycling, collection, source separation, storage, transportation, processing, treatment or disposal of solid waste. Devices, equipment, and other structures required or ordered to be installed at a solid waste facility by the Department of Environmental Services, State of New Hampshire, shall be deemed to be an accessory use of a solid waste facility. The term "solid waste facility" includes devices, equipment, buildings, uses and structures for the treatment, processing or beneficial use of by-products resulting from the treatment, processing or disposal of solid waste (such as landfill gas and landfill leachate).

The use of a building or lot, or a departure from standards otherwise applicable, which may be permitted under this chapter only by approval of the Zoning Board of Adjustment, subject to meeting certain criteria. (See Article 22, Special Exceptions.)

A facility licensed by the State of New Hampshire which conducts sports wagering as authorized by RSA 287-I. Sports betting facilities may include sports book retail locations and mobile sports wagering. Sports betting is permitted only when collocated with charitable gaming facilities.

A noncommercial facility used for the boarding and exercising of horses or other farm or work animals as an accessory use. (See also "stable, commercial.")

A commercial facility used for the boarding and exercising of horses or other farm or work animals for financial consideration and/or bartering of goods and services.

A combination of materials that form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

The platting of a lot or the division of a lot, tract or parcel of land into two or more lots, plots or sites (or as may be defined under the Subdivision Regulations or RSA 672:14).

A subdivision that is not classified as a minor subdivision.

A subdivision that involves three lots or less.

Secondary in importance.

An open air facility containing large, aboveground containers for the bulk storage of material (other than fuel) in liquid, powder or pellet form. (See also "fuel storage.")

See "eating and drinking establishments."

A freestanding structure (such as a tent or canopy) with a flexible sheathing material such as fabric, canvas, rubber, or plastic used as a workplace or for the enclosure or storage of property, vehicles, or animals. (See "temporary structures" under Article 23, Accessory Structures.)

A use established for a fixed period of time with the intent to discontinue the use upon the expiration of the time period.

A structure whose primary use is for something other than sheltering services which, however, from time to time may provide the same services as a shelter for no more than fifteen (15) total days between November 1 and March 31. Any such use exceeding fifteen (15) days shall result in the facility being reclassified as a shelter.

Any wireless communications facility designed for short-term use only for a special event or while a permanent wireless communications facility is under construction.

A building or space devoted to motion pictures, dramatic and musical performances and other entertainment before a live audience.

The cutting and removal of trees from their growing site and/or the attendant operation of mobile or portable chipping mills and of cutting and skidding machinery, including the creation and use of skid trails, skid roads, and haul roads.

A support structure consisting of a monopole, guyed structure, or freestanding multi-legged structure.[2]

See "retail establishments."

An operation providing passenger transportation services with taxicabs, limousines, vans, buses, and other such vehicles, where the vehicles are stored on site.

A site where cargo or containers are stored and where trucks load and unload or transfer freight on a regular basis. It may also include temporary storage areas for trucks and facilities servicing trucks.

See "dwelling, two-family."

All lands not defined as wetlands.

The noncommercial growing of food and limited animal husbandry in residential neighborhoods to support the individual grower and/or his/her family. This would include the replacement of ornamental plantings with food-producing plants and the raising of egg-producing fowl specifically excluding roosters.

The specific purpose or activity for which a building, structure, or lot is arranged, intended, designed, occupied, utilized or maintained.

A facility producing energy from gas, oil, coal, wood, nuclear, waste, hydro, and other materials for commercial purposes.

A departure from the terms of this chapter, not otherwise permitted within the subject zoning district, which may be granted by the Zoning Board of Adjustment (see Article 4, Zoning Board of Adjustment).

A natural and/or planted vegetative buffer which shall provide year-round screening, e.g., evergreen plantings.

Any self-propelled device that uses an internal combustion, battery-powered, or electric engine and which requires a valid registration legally issued by a governmental authority in order to be operated on a public way. "Vehicle" includes automobiles, trucks, buses, recreational vehicles, motor homes, motorized campers, motorcycles, motor scooters, off-road vehicles, all-terrain vehicles, snowmobiles, tractors, other farm vehicles, construction vehicles, and boats.

A business engaged in the sale of primarily new vehicles or other large equipment items which are customarily stored and displayed out of doors or in the rental or leasing of such vehicles and equipment. For a dealer of new vehicles, servicing and repair of vehicles is considered an accessory use.

A business engaged in the sale of three or more new or used vehicles. Light repairs on, and preparation of, those specific vehicles offered for sale on site is considered an accessory use.

A business engaged in the servicing, cleaning, repair, and/or body restoration of vehicles.

A facility used by one or more licensed veterinarians to provide health care for animals. Overnight care is not provided except as part of the necessary medical treatment of an animal. "Veterinary clinic" may also include animal grooming.

A building used primarily for the storage of goods and materials, whether for the building owner or for other parties. A warehouse may be an accessory use to a retail or industrial operation, generally carried out in another building or other section of the same building. An office may be an accessory use to a warehouse.[3]

Any towers, poles, or other support structures, attached antennas, and accessory structures and elements used for the transmission or reception of signals for radio, television, paging systems, personal communications services, cellular telephone systems, or for any other spectrum-based systems. Mobile vehicle mounted or transported systems, such as used for mobile news organizations, are not considered wireless communications facilities under this chapter. See "alternate tower structure," "antenna" and "tower."

The outdoor sale of used items in a manner that does not meet the standards established for residential yard sales specified under Article 23, Accessory Uses.

An outdoor sale of used personal or household items held on the seller's premises. Also known as "garage sale," "yard sale," "rummage sale," "tag sale," "attic sale," "moving sale," or "junk sale." Allowed as an accessory use in residential districts. (See Article 23, Accessory Uses.)

A development plan where single-family dwellings are placed right up to or very close to one of the side lot lines. The same side setback is reduced to near zero for all of the houses on a block in order to create a larger usable side yard on the opposite side.