For the purpose of this chapter, certain terms or words herein shall be interpreted or defined as follows:
Words used in the present tense include the future tense. The singular includes the plural.
The word "person" includes a corporation, as well as an individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" is mandatory; "may" is permissive.
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY DWELLING UNIT
- A residential living unit that is within or attached to a
single-family dwelling, or located in a legally existing accessory
structure on the same lot, and that provides independent living facilities
for one or more persons, including provisions for sleeping, eating,
cooking, and sanitation on the same parcel of land as the principal
dwelling unit it accompanies.[Added 5-8-2017 by Ord. No. 2017-235-04]
- ACCESSORY USE
- Any use customarily incidental, related and clearly subordinate to a principal use established on the same lot or premises.
- The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
- A place where airplanes, helicopters or other aircraft can
land and take off and may include hangars, facilities for refueling
and repair and accommodations for passengers and pilots.[Added 5-22-2000 by Ord. No. 05.2000.05]
- A dedicated public thoroughfare, other than a street, which
affords a secondary means of access to the rear or side of abutting
property and which is 20 feet or more in right-of-way width, unless
preexisting.[Amended 10-14-1997 by Ord. No. 10.97.10]
- AMUSEMENT ARCADE
- An indoor or outdoor area or open structure, open to the public, that contains coin- or token-operated games, rides, pool hall, bingo hall, shows or similar entertainment facilities and devices.
- AMUSEMENT PARK
- A facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment and restaurants and souvenir sales.
- A device used to transmit and/or receive electromagnetic waves between terrestrially and/or orbitally based structures.
- APPROVED PLAN
- A plan that has been granted final approval by the appropriate approving authority which supersedes all prior plans of record.
- A use or structure which is incidental and subordinate to a principal use or structure.
- ARTS CENTER
- A structure or complex of structures for housing the visual and/or performing arts.
- ASSISTED LIVING FACILITY
- Residences or living facilities, including nursing homes
as licensed by the State of New Hampshire, which provide communal
support facilities, which may include housekeeping, medical services,
recreational, social activities or transportation.[Added 10-14-1997 by Ord. No. 10.97.10; amended 5-22-2000 by Ord. No. 05.2000.05]
- AVERAGE ANNUAL WATER TABLE
- An elevation at or below the ground surface which is the average between the seasonal high-water table and the lowest elevation of annual water table fluctuation.
- AVERAGE FINISH GRADE
- The elevation of the land surrounding a structure, measured as the average of the elevation of the highest and lowest points of each side of the foundation.
- Any area of the building having its floor below ground level on all sides.
- BEACH, COMMERCIAL
- A natural or artificially created level or nearly level sandy
area adjacent to a body of water, open to the general public and operated
as a business.[Added 5-22-2000 by Ord. No. 05.2000.05]
- Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
- An owner-occupied dwelling unit that provides overnight accommodations and a morning meal to transients for compensation.
- BOARDING-, ROOMING OR LODGING HOUSE
- A dwelling, other than a hotel or motel, where lodging or lodging and meals are provided for compensation and personal services such as laundry may be offered.
- BLOCK FRONTAGE
- All the property fronting on one side of a street, right-of-way, waterway, end of a dead-end street or City boundary measured along the street line.
- BUILDABLE LAND AREA
- That land area other than areas which consist of wetlands
or steep slopes, and excluding setbacks, height and configurational
limitations.[Amended 10-14-1997 by Ord. No. 10.97.10]
- Any structure having a roof supported by columns, walls or other structural support.
- BUILDING, ACCESSORY
- Any subordinate building or portions of the main building, the use of which is customarily incidental to that of the main building on the same lot or premises and which is used primarily by the occupants of the main building.
- BUILDING, ELEVATED
- A nonbasement building which was initially designed or built to have the bottom of the lowest floor beam (or equivalent floor support) above the ground level by extended wall foundation, shear walls, posts, piers, pilings or columns such that there would be air space between the lowest floor beam and the ground. In A Zones, a building placed on fill dirt to raise its lowest floor may be an "elevated building." A building originally constructed as an elevated building is considered always to be an elevated building, regardless of any subsequent modifications. (Note: This definition is for purposes of application of the Floodplain District provisions.)
- BUILDING, PRINCIPAL
- The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered "principal buildings."
- BUILDING SEPARATION
- The distance between the closest point of any two structures and all appurtenances attached thereto, excluding roof overhang of two feet or less.
- BULKY GOODS
- Within a commercial setting, large single retail items which occupy six square feet of floor area or greater; merchandise examples include, but are not limited to, carpeting, appliances, furniture, stoves, hot tubs and lawn equipment. This merchandise is typically not carried out by the purchaser.
- 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.
- CAMPING UNIT
- Any tent, trailer, cabin, lean-to, recreation vehicle or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes.
- CAR WASH/DETAILING
- Any building or portion of a building or property utilized
for the cleaning of vehicles.[Added 8-13-2001 by Ord. No. 05.2001.05]
- Property used for the interring of the dead.[Added 5-22-2000 by Ord. No. 05.2000.05]
- CERTIFIED SOIL SCIENTIST
- A person who, by reason of special knowledge acquired by professional education and practical experience, as specified by RSA 310-A:84, is qualified to practice soil science and who has been duly certified by the State of New Hampshire.
- CLUSTER DEVELOPMENT
- A division of land into lots or sites available for building, where said lots are clustered together into one or more groups, separated from adjacent property and other groups of lots by intervening common land.
- COMMERCIAL PRINTING/PHOTOGRAPHIC PROCESSING
- A business establishment which produces printed documents
or images through the use of transformation of chemical materials
or substances and includes the blending of gases or liquids.[Added 8-13-2001 by Ord. No. 05.2001.05]
- COMMUNICATIONS TOWER
- Any structure designed and constructed primarily for the
purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like.[Added 5-22-2000 by Ord. No. 05.2000.05]
- CONDITIONAL USE
- A use permitted in a particular zoning district upon a finding by the Planning Board that such a use in a specified location will comply with all the conditions and standards for the location and operation of the use as specified by this chapter.
- CONDITIONAL USE PERMIT
- A permit issued by the Planning Board for a conditional use.
- CONFERENCE CENTER
- A facility which is used for the provision of services for
meetings, conferences, exhibition space or seminars and, further,
may provide accommodations for sleeping, food preparation and eating,
recreation, entertainment, resource facilities and meeting rooms.[Amended 10-14-1997 by Ord. No. 10.97.10]
- CORNER LOT
- Any lot situated at the intersection of two or more streets.
- The City Council of the City of Laconia.
- DAY CARE/NURSERY
- An establishment, licensed by the State of New Hampshire,
providing for the care, supervision and protection of adults or children.[Added 10-14-1997 by Ord. No. 10.97.10]
- The numbers of persons or dwelling units per unit of land.
- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
- DISTRIBUTION CENTER
- An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle.
- A structure, which may or may not be attached to the shoreline,
constructed over and in the water adjacent to the shoreline for the
purposes of securing watercraft.[Added 8-13-2001 by Ord. No. 05.2001.05]
- A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institutional use.
- An establishment or part thereof that by design, physical
facilities or service that encourages or permits customers, by individual
access to a window or remote station, to receive services or obtain
goods while remaining in their motor vehicle.[Amended 10-14-1997 by Ord. No. 10.97.10]
- DRY-CLEANING ESTABLISHMENT
- An establishment which cleans clothing and other products
through a chemical process.[Added 10-14-1997 by Ord. No. 10.97.10]
- DRY-SLIP (DOCK)
- A compartment, space or other measurable area within a structure
or outside which is used for the purpose of storing watercraft with
or without access for launching by the owner, either directly or through
the storage operator.[Added 10-14-1997 by Ord. No. 10.97.10; amended 5-22-2000 by Ord. No. 05.2000.05]
- A building or portion thereof that provides living facilities for one or more households.
- DWELLING, MULTIFAMILY
- A building on a single lot of record containing three or more dwelling units, including units that are located one over the other.
- DWELLING, TWO-FAMILY
- A building on a single lot of record containing two dwelling
units, including units that are located one over the other.[Amended 10-14-1997 by Ord. No. 10.97.10]
- DWELLING UNIT
- One or more rooms designed, occupied or intended for occupancy
as a separate living quarter with cooking, sleeping, sanitary facilities
provided within the dwelling unit for the exclusive use of a single
household.[Amended 10-14-1997 by Ord. No. 10.97.10]
- Sand, gravel, rock, soil or construction aggregate produced
by quarrying, crushing or any other mining activity or such other
naturally occurring unconsolidated material that normally masks the
bedrock.[Added 5-22-2000 by Ord. No. 05.2000.05]
- EARTH MATERIALS PROCESSING/SAWMILL
- Land used for the commercial processing, storage and sale
of earth materials, including but not limited loam, sand, stone or
forestry products.[Added 5-22-2000 by Ord. No. 05.2000.05]
- The right of the public, a corporation, another person or entity to use public or private land owned by another for a specific purpose.
- EATING AND DRINKING PLACES
- Retail establishments selling food and drink for consumption on the premises, including lunch counters and refreshment stands selling prepared foods and drinks for immediate on-site consumption.
- EMERGENCY SHELTER/HOUSING
- A facility providing temporary housing for one or more individuals
who are otherwise temporarily or permanently homeless.[Amended 8-13-2001 by Ord. No. 05.2001.05]
- EMPLOYEE AMENITY
- A natural or created feature, preserved, improved or created
by an employer, that enhances the aesthetic quality, visual appeal
or makes more attractive or satisfying a particular property, place
or area for its employees.[Added 10-14-1997 by Ord. No. 10.97.10]
- EQUESTRIAN CENTER
- A facility used for the boarding, training or rehabilitation
of horses, and may include the teaching of horsemanship and staging
of competitive events.[Added 5-22-2000 by Ord. No. 05.2000.05]
- EQUIPMENT/APPLIANCE REPAIR/SERVICE
- A business establishment for the servicing of small motorized
equipment and household or commercial appliances, including the sale
of parts, accessories and refurbished equipment or appliances.[Added 5-22-2000 by Ord. No. 05.2000.05]
- Land area which is used or has been used for the commercial
taking of earth, including all slopes.[Added 5-22-2000 by Ord. No. 05.2000.05]
- A group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan, and based on an intentionally structured relationship providing organization and stability.
- FAMILY DAY CARE
- A home occupation providing care and supervision in a dwelling unit to not more than three clients for periods of time not to exceed 24 consecutive hours and excluding members of the family in residence.
- FARMER'S MARKET
- A building or site, either enclosed or open, which is used
or designed for the sale of horticultural and related products by
independent vendors using designated booths or sites.[Added 5-22-2000 by Ord. No. 05.2000.05]
- A structure, whether enclosed or not, utilized for the purpose
of selling products in association with and located on the same property
as an agricultural use.[Added 10-14-1997 by Ord. No. 10.97.10]
- FINANCIAL INSTITUTION
- An establishment whose primary business is lending or investment
and which may act as a depository for currency, which may include
banks, savings and loans, credit unions, investment brokers and security
and commodity exchanges.[Added 5-22-2000 by Ord. No. 05.2000.05]
- FLEA MARKET
- A building or site, either enclosed or open, which is used
or designed for the sale of goods by independent vendors using designated
booths or sites.[Added 5-22-2000 by Ord. No. 05.2000.05]
- FLOODING, AREA OF SHALLOW
- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. This definition is for purposes of application of the Floodplain District provisions.
- FLOODPLAIN OR FLOOD-PRONE AREA
- Any land area susceptible to being inundated by water from any source. This definition is for purposes of application of the Floodplain District provisions.
- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. This definition is for purposes of application of the Floodplain District provisions.
- FLOODWAY, REGULATORY
- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. These areas are designated as floodways on the Flood Boundary and Floodway Maps. This definition is for purposes of application of the Floodplain District provisions.
- The scientific management and cultivation of wooded tracts,
tree farms, forest nurseries and including the harvesting of forest
products and performing forest services.[Added 5-22-2000 by Ord. No. 05.2000.05]
- That side of a lot abutting on a street or body of water.[Added 10-14-1997 by Ord. No. 10.97.10]
- FUEL, WHOLESALE/BULK STORAGE
- The storage of petroleum products for subsequent resale.[Added 8-13-2001 by Ord. No. 05.2001.05]
- FUNERAL ESTABLISHMENT/MORTUARY
- A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.[Added 5-22-2000 by Ord. No. 05.2000.05]
- Space dedicated to the exhibition of works of art or an institution
or business exhibiting or dealing in works of art.[Added 5-22-2000 by Ord. No. 05.2000.05]
- A building whose sides and roof are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.[Added 5-22-2000 by Ord. No. 05.2000.05]
- GREEN SPACE
- Land area with landscaped or natural vegetation, including those vegetated areas located under upper story decks, porches and overhangs that are a minimum of seven feet from the ground at the lowest elevation.
- GROSS FLOOR AREA
- The total horizontal area of all floors of a building including the surrounding walls.
- GROSS LEASABLE AREA
- The total horizontal area of all floors of an enclosed retail or commercial building that is designed for lease or purchase by a separate and distinct use. "Gross leasable area" does not include common areas, building management offices, maintenance areas or parking.
- HEALTH CARE FACILITY
- A facility, office, clinic, center or institution, whether
public or private, engaged in the provision of outpatient services
with stays of less than twenty four consecutive hours for health maintenance
and the treatment of dental, mental or physical conditions.[Added 10-14-1997 by Ord. No. 10.97.10]
- The vertical distance of a structure measured from the average finished grade surrounding the structure to the highest point of the structure.
- HIGHEST ADJACENT GRADE
- The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. This definition is for purposes of application of the Floodplain District provisions.
- HOME OCCUPATION
- A commercial or business activity conducted on the same lot as a dwelling in which the operator of the activity resides. A "home occupation" includes occupations wholly conducted on-site and may include the office of a service or trade and family day care.
- An institution licensed by the State of New Hampshire as a hospital engaged in providing diagnostic and therapeutic services 24 hours per day and overnight accommodations for human patients requiring medical, surgical, obstetrical, emergency, outpatient rehabilitation, psychiatric or substance abuse services on an acute or chronic basis. A "hospital" may include, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities and medical offices.
- A facility offering transient lodging accommodations to the
general public and which may provide additional services such as restaurants,
meeting rooms and recreational facilities.[Amended 10-14-1997 by Ord. No. 10.97.10]
- HOUSING, TRANSITIONAL
- Housing units operated and managed for the purpose of providing
shelter to individuals or families transitioning from homelessness
to permanent housing; includes the on-site management of the facility
and the provision for living or job skills training for the residents.[Added 8-13-2001 by Ord. No. 05.2001.05]
- INDOOR STORAGE; SELF-SERVICE
- A building consisting of individual small self-contained
units that are leased or owned for the storage of business or household
goods.[Amended 8-13-2001 by Ord. No. 05.2001.05]
- Any business or any place of storage or deposit, whether in connection with another business or not, which has stored or deposited at the business or place: two or more unregistered motor vehicles which are no longer intended or in condition for legal use on the public highways; used parts of motor vehicles or old iron; metal, glass, paper, cordage, or other waste or discarded or secondhand material which has been a part, or is intended to be a part, of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles; or scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other use or disposition.
- An establishment in which three or more dogs or puppies,
cats or kittens are housed, groomed, bred, boarded, trained or sold
for a fee or compensation.[Amended 10-14-1997 by Ord. No. 10.97.10]
- LANDFILL/RESOURCE RECOVERY FACILITY
- A state-approved facility for the disposal of solid waste,
refuse and other products and including resource recovery, recycling
and collection, storage, processing, treatment and disposal.[Added 5-22-2000 by Ord. No. 05.2000.05]
- An establishment providing washing or drying machines on
the premises for use by the general public.[Added 10-14-1997 by Ord. No. 10.97.10]
- A place in which literary, musical, artistic or reference
materials are kept for use but not for sale and may include gallery
and meeting space.[Added 5-22-2000 by Ord. No. 05.2000.05]
- LOADING SPACE
- An accessible space at the rear or side of a building and used for loading and unloading of goods.
- LOT OF RECORD
- 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.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section. This definition is for purposes of application of the Floodplain District provisions.
- MANUFACTURED HOUSING
- As defined in RSA 674:31, as amended, any structure, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width and 40 body feet or more in length, or when
erected on site is 320 square feet or more and which is built on a
permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to required utilities, which
include plumbing, heating and electrical heating systems contained
therein. "Manufactured housing" as defined in this section shall not
include pre-site built housing as defined in RSA 674:31-a.[Amended 10-14-1997 by Ord. No. 10.97.10]
- MANUFACTURED HOUSING PARK
- A subdivision of a tract of land providing sites, with required improvements and utilities, that are leased for the long-term placement of manufactured housing, and that includes services and facilities for the residents.
- MANUFACTURED HOUSING SUBDIVISION
- A subdivision created by the developer for individual ownership of manufactured housing and including the purchase of real estate.
- Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products and the blending of materials, such as lubricating oils, plastics, resins or liquors.
- MARINA, COMMERCIAL
- Any commercial shoreland development providing access to public waters for the docking, mooring, sale, rental, fueling, storing or servicing of watercraft with or without services.
- MARINA, RESIDENTIAL
- Any commonly owned shoreland providing access to public waters as an integral element and appurtenant use of a residential development with services similar to those provided by a commercial marina.
- MARINE VEHICLE SALES AND SERVICE
- A place where marine vehicles are stored, serviced and displayed
for sale to the public.[Added 5-22-2000 by Ord. No. 05.2000.05]
- MASTER PLAN
- A plan for development of the City of Laconia developed in accordance with the provisions of RSA 674:2, Master Plan Purpose and Description, as amended.
- MEAN SEA LEVEL
- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. This definition is for purposes of application of the Floodplain District provisions.
- MEDIUM TRUCK
- Trucks and similar vehicles with a single rear axle and duel
rear wheels and with a gross weight limit of 26,000 pounds or less.[Added 10-22-2007 by Ord. No. 13.2007.13]
- MODULAR HOME
- A detached, double-wide residential dwelling which meets all City codes, designed to be transported once to its site after fabrication and set on a permanent foundation.
- MOVIE THEATER
- A building or portion of a building dedicated to the showing
of motion pictures for a fee to the public.[Added 5-22-2000 by Ord. No. 05.2000.05]
- MOVIE THEATER, DRIVE-IN
- An open piece of land dedicated to the showing of motion
pictures for a fee to the public, which may include a building for
projection, concessions and rest rooms.[Added 5-22-2000 by Ord. No. 05.2000.05]
- MUNICIPAL SEWER
- A sewer system, or any portion thereof operated by the Laconia Municipal Sewer System.
- MUNICIPAL WATER
- A water system, or any portion thereof operated by the Laconia Water Works.
- An institution dedicated to the procurement, restoration,
care, study and display of objects of lasting interest or value.[Added 5-22-2000 by Ord. No. 05.2000.05]
- NEIGHBORHOOD STORE
- A retail sales establishment with a maximum of 1,500 square
feet of gross floor area.[Amended 10-14-1997 by Ord. No. 10.97.10]
- An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted.[Added 8-13-2001 by Ord. No. 05.2001.05]
- NONCONFORMING LOT
- A lot lawfully existing as of the adoption of this chapter or amendment thereto that does not meet the minimum requirements of the zoning district in which it is situated by reason of such adoption or amendment.
- NONCONFORMING SIGN
- A sign lawfully existing as of the adoption of this chapter or amendment thereto that does not meet the minimum requirements of this chapter by reason of such adoption or amendment.
- NONCONFORMING STRUCTURE OR BUILDING
- A structure or building, the size, dimensions, or location of which was lawful prior to the adoption or amendment to this chapter but fails to meet or conform to the present requirements of this chapter by reason of such adoption or amendment.
- NONCONFORMING USE
- A use of a building or land lawfully existing as of the adoption of this chapter or amendments thereto which does not now conform to the requirements for the zoning district in which it is situated by reason of such adoption or amendment.
- NONCONFORMING USE AREA
- The total horizontal square feet which a nonconforming use occupies in a structure or on a lot.
- OPEN SPACE
- Any area of land, within a cluster subdivision, unencumbered
by primary buildings or structures, and set aside, dedicated, designed,
restricted or reserved for recreational use, protection of natural
resources, visual amenity or agricultural or forestry use, intended
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space. Open space may include water bodies
included within land area defined as open space.[Amended 10-14-1997 by Ord. No. 10.97.10]
- ORDINARY HIGH-WATER MARK
- The line on the shore, running parallel to the main stem of a river or the edge of a waterbody, established by the fluctuation of water and indicated by physical characteristics such as but not limited to a clear, natural line impressed on the immediate bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation or the presence of litter and debris.
- OUTDOOR STORAGE
- The keeping, in an unenclosed area, of any goods, junk, material
or merchandise in the same place for more than 24 hours.[Amended 8-13-2001 by Ord. No. 05.2001.05]
- A place where materials may be combined, broken down or aggregated
for transshipment or storage and where the original material is not
chemically or physically changed.[Added 5-22-2000 by Ord. No. 05.2000.05]
- PARKING GARAGE
- A single or multilevel enclosed building or structure which
is used for the temporary storage of motor vehicles.[Added 5-22-2000 by Ord. No. 05.2000.05]
- PARKING LOT
- An open area off-street used for the temporary storage of
motor vehicles.[Added 5-22-2000 by Ord. No. 05.2000.05]
- PARKING SPACE
- An area for the purpose of parking motor vehicles.
- PERCENT SLOPE
- The contour interval divided by the horizontal distance between the contour interval measured perpendicular to the slope.
- Any individual, association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
- PERSONAL SERVICE
- An establishment where nonprofessional services, involving
the care of a person or their personal goods or apparel, are provided.[Added 10-14-1997 by Ord. No. 10.97.10]
- An animal from which profit may not be generated from the sale, traditionally, of its fur, eggs, flesh, feathers, edible portion or services, with the exception of mating.
- A. A church, synagogue, temple, mosque or other facility that is used for prayer by persons of similar beliefs; or
- B. A special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation.
- PLANNING BOARD
- The City of Laconia Planning Board.
- POWER GENERATION FACILITY
- A facility which produces energy, whether for use on-site
or distribution.[Added 8-13-2001 by Ord. No. 05.2001.05]
- An institution providing education to children prior to first
grade.[Added 8-13-2001 by Ord. No. 05.2001.05]
- PRIMARY FLOOR
- The floor which provides the main entrance to a structure from a street.
- PRIVATE CLUB
- A building, space or related facilities owned, controlled
or operated by an individual, corporation, association or group for
the fraternal, social, educational, recreational, financial or cultural
enrichment or the common interest of its members and whose members
pay dues and/or may be required to meet certain prescribed qualifications
for membership, initially or from time to time. A private club does
not include any of the foregoing having the wholesaling, retailing,
with or without a discount, or distribution of goods to its members
as its primary purpose or function. Institutions such as Sam's
Club, BJ's or Costco and the like are examples of organizations
that are not private clubs pursuant to this chapter.[Added 10-14-1997 by Ord. No. 10.97.10]
- PRODUCT ASSEMBLY/TESTING
- The fabrication of objects from individual components consisting
of materials with form and substance being joined physically, and
the testing thereof; does not include the chemical processing of individual
or fabricated products.[Added 8-13-2001 by Ord. No. 05.2001.05]
- PROFESSIONAL OFFICE
- An office for any one of the following: accountant, architect, attorney, chiropractor, professional engineer, dentist, medical doctor or any other similar profession for which at least a two-year degree is required.
- PUBLIC WATERS
- All fresh water bodies listed in the official list of public waters published by the Department of Environmental Services pursuant to RSA 271:20, II, whether they are great ponds or artificial impoundments. In Laconia, these include Lake Winnipesaukee, Paugus Bay, Lake Opechee, Winnisquam Lake and Pickerel Pond. Rivers, meaning all year round flowing waters of fourth order or higher, include the Winnipesaukee River.
- RECREATIONAL FACILITY
- A place intended for the conduct of sports and leisure time
activities or where they are permitted from time to time.[Added 10-14-1997 by Ord. No. 10.97.10]
- REFERENCE LINE
- For natural fresh water bodies without artificial impoundments, the ordinary high-water mark; for artificially impounded water bodies, the waterline at full pond as determined by the elevation of the top of the impoundment structure.
- RESEARCH AND DEVELOPMENT
- An establishment primarily dedicated to carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.[Added 8-13-2001 by Ord. No. 05.2001.05]
- RESIDENTIAL DEVELOPMENT
- Any construction, expansion or addition of dwelling units.
- RETAIL SALES
- The sale of goods, services or merchandise to the general
public and which may include rendering services incidental to the
sale of such goods, principal services or merchandise.[Amended 10-14-1997 by Ord. No. 10.97.10]
- RETAINING WALL
- A wall designed to resist the lateral displacement of soil or other material.
- Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.
- ROADSIDE STAND
- A structure, either temporary or permanent, which is designed, constructed or used for the purpose of selling vegetables or fruit from a garden located on a lot where the principal use is residential.
- An individual, other than a family member, who, for a consideration,
is furnished sleeping accommodations in a dwelling unit and may be
provided meals, personal care, financial services, counseling or other
such services.[Added 5-22-2000 by Ord. No. 05.2000.05]
- SALT STORAGE SHED
- A partially or fully enclosed structure utilized for the
storage of road salt or other materials containing salt.[Added 8-13-2001 by Ord. No. 05.2001.05]
- SATELLITE DISH ANTENNA
- A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving electromagnetic waves.
- Any building or part thereof which is designed, constructed
or used for education or instruction.[Added 10-14-1997 by Ord. No. 10.97.10]
- The distance from the property line or street right-of-way
to the nearest part of the applicable building or structure.[Amended 10-14-1997 by Ord. No. 10.97.10]
- SHOPPING CENTER/MALL
- A group of commercial establishments where access to individual
establishments is from a walkway and measures over 25,000 gross square
feet which is planned, constructed or managed as a retailing facility.[Added 10-14-1997 by Ord. No. 10.97.10]
- Any device, fixture, placard, landscaping or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity or to communicate information of any kind to the public.
- SIGN, ANIMATED
- A sign, or part of a sign, employing actual motion or the
appearance of motion, that does not employ the use of a panel of lights
to create the copy or images themselves, including:[Amended 5-27-2014 by Ord. No. 03.2014.03]
- SIGN AREA
- The area of a sign shall include all of the surface area
on which the letters, pictures, designs and symbols appear, together
with the background on which they are displayed, whether open or closed,
and all beveled, rounded, angled or bordering surfaces intended or
designed to enhance the visual impact of the sign. The area of a sign
does not include its sides, or any supporting framework and bracing
that is incidental to the display itself and is not designed to attract
attention. Where the sign consists of letters or symbols affixed to
a surface or building, without any distinguishing border, panel or
background, the area shall be considered to be the smallest rectangle
or shape which encompasses all of the letters and symbols.[Added 5-27-2014 by Ord. No. 03.2014.03]
- SIGN, BANNER
- Any sign of lightweight fabric or similar material that is permanently or temporarily mounted at one or more edges. National flags, state or municipal flags shall not be considered "banners."
- SIGN, BUILDING MARKER
- Any sign indicating the name, date of construction or incidental information about a building, which sign is cut into a masonry surface or made of bronze or other permanent material.
- SIGN, CANOPY
- Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a "canopy."
- SIGN, CHANGEABLE COPY
- A nondigital sign or portion thereof with characters, letters
or illustrations that can be changed or rearranged without altering
the face of the surface of the sign. A sign on which the message automatically
changes shall be considered an animated sign or electronic message
center and not a changeable copy sign for purposes of this chapter.
A sign on which the only copy that changes is an electronic or mechanical
indication of time or temperature shall be considered a time-and-temperature
portion of a sign and not a changeable copy sign for purposes of this
chapter.[Amended 7-11-2005 by Ord. No. 06.2005.06; 5-27-2014 by Ord. No. 03.2014.03]
- SIGN, DEVELOPMENT IDENTIFICATION
- An on-site sign identifying, by logo, trademark, symbol,
address, name or any combination thereof, of a building, premises
or property.[Added 10-14-1997 by Ord. No. 10.97.10]
- SIGN, ELECTRONIC MESSAGE CENTER (EMC)
- A sign, or any portion thereof, capable of displaying electronic
text, symbols, figures, pictures, or images that can be electronically
or mechanically changed by remote or automatic means. There are two
subcategories:[Added 5-27-2014 by Ord. No. 03.2014.03]
- SIGN, FLAG
- Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
- SIGN, FREESTANDING
- Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
- SIGN FRONTAGE
- The length along the primary floor of a building front or portion of building front, having access on a street.
- SIGN, INCIDENTAL
- A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone" and the like, including pricing of fuels.
- SIGN, MARQUEE
- Any sign attached to or in any manner made part of a permanent rooflike structure projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
- SIGN, NAMEPLATE
- A sign, giving the name or address, or both, of the owner or occupant of a residential building or premises.
- SIGN, OFF-PREMISES
- A sign that is located on property that is not the premises,
property, or site of the use identified or advertised in the sign.[Amended 5-27-2014 by Ord. No. 03.2014.03]
- SIGN, ON-PREMISES
- A sign relating in its subject matter to the lot on which
it is located or to an activity conducted on the lot.[Amended 5-27-2014 by Ord. No. 03.2014.03]
- SIGN, PENNANT
- Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
- SIGN, PORTABLE
- Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported. "Portable signs" may include but are not limited to signs designed to be transported by wheels; signs with A- or T-frames; menu and sandwich boards; balloons or other inflated devices used as signs; umbrellas used for advertising; beacons; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
- SIGN, PROJECTING
- Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of and is not essentially parallel to such building or wall.
- SIGN, ROOF INTEGRAL
- Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure or visual vertical cap or
terminus of any design, such that no part of the sign extends vertically
above the highest portion of the roof, cap or terminus and such that
no part of the sign is separated from the rest of the roof by a space
of more than six inches.[Amended 10-14-1997 by Ord. No. 10.97.10]
- SIGN, SANDWICH BOARD
- A sign, utilizing an A-frame or easel-type frame, which is
not permanently attached to the ground or a building. This sign may
have changeable copy.[Amended 10-14-1997 by Ord. No. 10.97.10]
- SIGN, SUSPENDED
- A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
- SIGN, VEHICLE
- Any sign exceeding four square feet in area mounted, painted,
placed on, attached or affixed to a trailer, watercraft, truck, automobile
or other form of motor vehicle so parked or placed so that the sign
thereon is discernible from a public street or right-of-way as a means
of communication and which by its location, size, and manner of display
is reasonably calculated to exhibit commercial advertising identifying
an on-premises business or supplying directional information to an
off-premises business. A vehicle sign may be defined as a vehicle
that functions primarily as a sign rather than as a transportation
device, as determined by any combination of the following factors:[Added 5-27-2014 by Ord. No. 03.2014.03]
- A. The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed.
- B. The vehicle upon which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot.
- C. The vehicle is parked for extended periods of time, both during business hours and when the business is closed, and the land and vegetation surrounding the vehicle shows signs that the vehicle has not often moved.
- D. The vehicle remains parked on the premises after normal business hours when customers and employees are not normally present on the premises.
- E. Vehicle signs are prohibited in all districts.
- SIGN, WALL
- A sign attached to, painted on or erected against the wall of a building with the face in a parallel plane to the plane of the building wall, and projecting no more than 14 inches from the building wall.
- SIGN, WINDOW
- Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside or upon glass and is
visible from the exterior of a building or structure. Such signs shall
be permitted as long as they do not cover more than 75% of the total
visible window casing area.[Amended 5-27-2014 by Ord. No. 03.2014.03]
- SMALL EQUIPMENT/APPLIANCE REPAIR
- An establishment contained wholly within an enclosed building
primarily engaged in the repair or service of household equipment
or appliances.[Added 10-14-1997 by Ord. No. 10.97.10]
- A structure that is used for the shelter or care of horses.
- STEEP SLOPE
- All land area with a slope equal to or greater than 25% with a minimum width of 50 feet measured perpendicular to the slope.
- STORAGE CONTAINER
- Any prefabricated or constructed self-supporting container
which does not meet NHDOT minimum qualifications to be registered
as a vehicle and is designed or intended for use for storage.[Added 8-13-2001 by Ord. No. 05.2001.05]
- STORAGE TRAILER
- Any container or nonmotorized vehicle with a wheel assembly
that is defined as a trailer by the NHDOT and intended for transport
behind another vehicle and is intended to be utilized, either attached
or unattached to a motorized vehicle, for storage, whether temporary
or permanently.[Added 8-13-2001 by Ord. No. 05.2001.05]
- Any vehicular way that is an existing state, county, municipal
or private roadway; is shown upon a plat approved by the Planning
Board; is approved by other official action; or is shown on a plat
duly filed and recorded in the Belknap County Registry of Deeds prior
to the authority of the Planning Board to approve subdivisions; includes
the land between the street lines, whether improved or unimproved.[Amended 10-14-1997 by Ord. No. 10.97.10]
- STREET FRONTAGE
- The distance for which a boundary or apparent boundary of
a lot is common with the street right-of-way line.[Amended 10-14-1997 by Ord. No. 10.97.10]
- Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
- STUDIO, ARTIST/CRAFTSPERSON
- A place used primarily for the workshop of an artist, sculptor,
photographer, dancer or craftsperson which may include incidental
sales or lessons.[Added 10-14-1997 by Ord. No. 10.97.10]
- SUBDIVISION REGULATIONS
- Duly enacted subdivision regulations of the City of Laconia Planning Board.
- SWIMMING POOL
- A structure designed and intended for the containment of
water, whether above or below ground, for swimming.[Added 8-13-2001 by Ord. No. 05.2001.05]
- TAKE-OUT WINDOW
- Access to a building or structure for the purposes of pedestrian
customers acquiring goods or services.[Added 10-14-1997 by Ord. No. 10.97.10]
- TAXI SERVICE
- A business establishment utilized for the dispatching and
parking of licensed taxis, as defined by the City Code.[Added 8-13-2001 by Ord. No. 05.2001.05]
- TRADES SHOP
- The workplace of a person engaged primarily in the trades
such as carpenter, plumber, electrician or other similar trade; may
include incidental retail sales.[Added 10-14-1997 by Ord. No. 10.97.10]
- TRANSIT STATION
- Land and buildings used for the purpose of transferring passengers
from one form of transportation to another and which may include accessory
uses for the accommodation of passengers.[Added 5-22-2000 by Ord. No. 05.2000.05]
- TRAVEL TRAILER OR CAMPER
- A vehicle or portable device, with or without motor power, designed as a temporary dwelling for travel, recreational, vacation or business use.
- TRUCK RENTAL ESTABLISHMENT
- A facility which provides for the storage and rental of medium
trucks or vans, trailers, tow dollies and car top storage containers
on a regular basis by the general public. This facility may also be
the site of incidental parking of vehicles for rent. Typical uses
include truck companies.[Added 10-22-2007 by Ord. No. 13.2007.13]
- TRUCK TERMINAL
- An area and/or building where trucks load and unload cargo
and freight. The cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.[Added 8-13-2001 by Ord. No. 05.2001.05]
- Any facility which is by grant of authority by a governmental
agency and provides the public with electricity, gas, heat, steam,
communication, transportation, water, sewage collection or other similar
service.[Added 8-13-2001 by Ord. No. 05.2001.05]
- VEHICLE LIGHT SERVICE/FUELING CENTER ESTABLISHMENT
- Buildings and premises wherein the primary use is the sale,
servicing, repair and/or installation of motor vehicle accessories,
such as spark plugs, batteries, distributors and distributor parts,
tires, brakes, brake fluid, mufflers, tailpipes, water hoses, fan
belts, light bulbs, fuses, floor mats, windshield wipers, wiper blades,
grease retainers, wheel bearings and mirrors. Such establishments
may also include greasing, lubrication, radiator flushing, minor servicing
and repair of carburetors, fuel pumps, oil pumps, water pumps and
lines, electrical systems and minor motor adjustments not involving
removal of a head or crankcase or racing of a motor. Incidental sales
of items such as gasoline, oil, candy, tobacco and similar goods are
permitted. None of the following are permitted: major mechanical and/or
body work, painting, welding, other work involving noise, glare, fumes
or smoke, and automobile storage, whether or not for resale.[Amended 8-13-2001 by Ord. No. 05.2001.05]
- VEHICLE MAJOR SERVICE ESTABLISHMENT
- Buildings and premises wherein major mechanical and body work, repair of transmissions and differentials, straightening of body parts, painting, welding or other similar work is performed on vehicles; may also include any functions of a vehicle light service establishment.
- VEHICLE RENTAL ESTABLISHMENT
- A facility which provides for the storage and rental of vehicles
on a regular basis by the general public, including automobiles, vans
and motorcycles. This facility may also be the site of incidental
parking of vehicles for rent. Typical uses include auto rental agencies.[Added 10-22-2007 by Ord. No. 13.2007.13]
- VEHICLE SALES AND SERVICE
- A place where vehicles are stored, serviced and displayed
for sale to the public.[Added 5-22-2000 by Ord. No. 05.2000.05]
- VEHICLE SALVAGE/WRECKING YARD
- A facility that is operated for the purpose of extracting
vehicle components or parts of vehicles for the purpose of resale.[Added 8-13-2001 by Ord. No. 05.2001.05
- VEHICLE STORAGE
- A facility which provides storage for vehicles and equipment
and is not generally accessible on a regular basis by the general
public.[Added 8-13-2001 by Ord. No. 05.2001.05]
- A. A temporary body of water, with no permanently flowing outlet, no established, reproducing fish population and one of the following:
- (1) Evidence of amphibian vernal pool species, including woodfrogs, spotted salamander, blue spotted salamander, Jefferson salamander, Marbled salamander, Eastern spotted newt and four-toed salamander (visual observation of adult, two or more egg masses, breeding chorus heard, visual observation of larvae or tadpoles, visual observation of transforming juveniles).
- (2) Evidence of invertebrate vernal pool species, including fairy shrimp, Predaceous diving beetle larvae (Dytiscidae), water scorpion (Nepidae), dragonfly larvae (Odonata: Anisoptera), damselfly larvae (Odonata: Zygoptera), dobsonfly larvae (Corydalidae), whirligig beetle larvae (Gyrinidae), caddisfly larvae (Trichoptera), leeches (Hirundinea), freshwater (fingernail) clams (Pisidiidae), amphibious, air-breathing snails (Basommatophora).
- (3) Evidence of reptile vernal pool species, including spotted turtle (Clemmys guttata), Blanding's turtle (Emydoidea blandingii), wood turtle (Clemmys insculpta), painted turtle (Chrysemys p. pictata), snapping turtle (Chelydra serpentina)
- B. Evidence may include breeding adults, egg masses, larvae, transforming juveniles, and cases, shells or shed skins of any of the above-cited. Evidence may be submitted in photograph form.
- VETERINARY HOSPITAL
- A place where animals are given medical care by a licensed
veterinary practitioner and the boarding of animals is limited to
short-term care incidental to the hospital use.[Added 10-14-1997 by Ord. No. 10.97.10]
- A building used primarily for the storage of goods or materials and operated by or for the benefit of a specific business or group of businesses or made available to the general public for a fee.
- WATER SURFACE ELEVATION
- The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Note: This definition is for the purpose of application of the Floodplain District provisions.)
- WATERCRAFT LAUNCH
- A place, located along the shorefront of a river, great pond
or lake, which provides watercraft launching services to the public.
Facilities may include boat trailer parking, restroom/shower facilities,
watercraft washing and may be in conjunction with other watercraft
facilities.[Added 10-14-1997 by Ord. No. 10.97.10]
- WATERCRAFT RENTAL
- An establishment primarily for the purpose of providing watercraft
for rent by the public and may or may not be in conjunction with other
watercraft facilities.[Added 10-14-1997 by Ord. No. 10.97.10]
- WATERCRAFT REPAIR/BUILDING
- An establishment primarily for the purpose of repair, maintenance,
renovation, restoration or construction of watercraft and may or may
not be in conjunction with other watercraft facilities.[Added 5-22-2000 by Ord. No. 05.2000.05]
- WATERCRAFT STORAGE
- A facility which provides storage for watercraft and equipment
and is not generally accessible on a regular basis by the general
public.[Added 8-13-2001 by Ord. No. 05.2001.05]
- All land area defined as wetlands by the New Hampshire Department
of Environmental Services, Water Division, Wetlands Bureau, as may
be amended.[Amended 10-14-1997 by Ord. No. 10.97.10]
- WHOLESALE DISTRIBUTION CENTER
- A facility used for the packaging and distribution of materials
and goods to retailers, business users, other wholesalers or merchandise
agents or brokers.[Added 5-22-2000 by Ord. No. 05.2000.05]
- YACHT CLUB
- Any shoreland property owned and operated as a nonprofit organization for the benefit of its members and providing access to public waters for uses similar to a commercial marina.
- YARD SALE
- The sale of one's personal possessions from a residence.
- ZONING BOARD OF ADJUSTMENT
- The Zoning Board of Adjustment for the City of Laconia.
Editor's Note: This ordinance also provided for the repeal of the definition of "accessory apartment," as amended, which immediately preceded this definition.
Editor's Note: The former definition of "adult/child care center," which immediately followed this definition, was repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definitions of "clinic" and "club, membership," which immediately followed this definition, were repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definition of "coastal high hazard area," which immediately followed this definition, was repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definition of "congregate residences," which immediately followed this definition, was repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definitions of "elderly housing complex" and "elderly living unit," which immediately followed this definition, were repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definition of "intermediate care facility," which immediately followed this definition, was repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definition of "landowner," which immediately followed this definition, was repealed 10-14-1997 by Ord. No. 10.97.10.
Editor's Note: The former definition of "long-term care facility," which immediately followed this definition, was repealed 10-14-1997 by Ord. No. 10.97.10.