[Amended 2-3-2015; 7-7-2015]
B.
Ordinary meanings. Words, terms, and phrases that are not defined in Article 2, Definitions and Terminology, shall have their ordinary accepted meanings or those that the context may clearly imply.
C.
Regulations. In cases where there is a conflict in the definition
of a word, term, phrase, or acronym given herein and that given in
the City of Rochester Site Plan Regulations or City of Rochester Subdivision
Regulations, the definition given herein shall be determining.
D.
Interpretations; dictionary. The Director of Building, Zoning, and Licensing Services, or his/her designee, shall have the authority to interpret or define words, terms, and phrases used in this chapter that are not defined in Article 2, Definitions and Terminology. In case of conflicting definitions from various general dictionaries the definitions given in the Random House Webster's Unabridged Dictionary shall be determining.
E.
Designations in this chapter. For the purposes of this chapter, the words "this chapter" refer to this entire Zoning Ordinance, Chapter 275 of the City of Rochester General Ordinances. The words "this article" refer to a specific portion of this chapter, as designated by an article number (such as "Article 1" or "Article 2"). The words "this section" refer to a specific portion of an article designated by a section number (such as "§ 275-1.1" or "§ 275-3.2"). The words "this subsection" refer to a specific portion of a section as designated by a letter or number [such as "A" or "(1)" or "(a)"].
[Amended 3-5-2019]
F.
Specific words. The words "shall" and "must" are mandatory, the word
"may" is permissive, and the word "should" indicates a preferred or
encouraged but not necessarily a required course of action. The present
tense includes the future tense, the singular number includes the
plural, and the plural number includes the singular. "Occupied" or
"used" shall be considered as though followed by "or intended, arranged
or designed to be occupied or used." "Includes" (or "including") means
"includes, but is not limited to." The word "person" includes an individual,
firm, association, condominium association, organization, partnership,
trust, entity, company or corporation as well as an individual.
G.
Other sections. Specialized sets of definitions are given in other sections in this chapter. In case of conflict between a definition given in a section and that given in another section, the definition given in the other section shall apply only within that specific section. Additional definitions are provided in the following sections: Aquifer Protection Overlay District (§ 275-10.3), Aviation Overlay District (§ 275-11.1), Conservation Overlay District (§ 275-12.6), Flood Hazard Overlay District (§ 275-13.3), Historic Overlay District (§ 275-14.6), and signs (§ 275-29.11).
As used in this chapter, the following terms shall have the
meanings indicated:
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 building or structure that:
Is not attached to the principal building or structure on a
lot or tract;
Accommodates a use customarily or reasonably associated with
the use of the principal building or structure;
Is incidental and subordinate to the primary building, structure,
or use; and
Is located on the same lot or tract as the principal building,
structure, or use.
Examples include garages, driveways, parking lots, sheds, signs,
fences, and light poles.
A use that:
Is customarily or reasonably associated with the principal use;
Has hours of operation the same as or less than the principal
use;
Is incidental and subordinate to the principal use; and
Is located on the same lot or tract as the principal use. (For determinations whether a proposed use is an accessory use see Article 23, Accessory Uses.) (See also "secondary use.")
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:
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock and trade in books, films, video cassettes, DVDs, any digital or electronic media or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below, for sale, rental, or display to patrons thereof, including but not limited to establishments having facilities for the presentation of adult entertainment, as defined below, including adult-oriented films, movies or live entertainment, for observation by or display to patrons therein.
ADULT CABARETA nightclub, bar, restaurant or similar establishment which, during a substantial portion of the total presentation time, features live performances involving adult entertainment.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of fewer than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT ENTERTAINMENTAny exhibition of any adult-oriented motion pictures, live performance, display or dance or any type performance which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal services offered customers.
MASSAGE PARLORAn establishment or place primarily in the business of providing non-therapeutic massage services which involve performance of specified sexual activities and/or the touching or manipulation of specified anatomical areas (in contrast to a legitimate massage studio employing licensed massage therapists).
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."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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."
A tract of land where sites are rented or used as a temporary
use for recreational purposes or organized retreats (not for permanent
or year-round residential use). Visitors sleep in tents, tent-like
structures, primitive cabins, recreational vehicles, motor homes,
camping trailers, or under other primitive conditions.
An outdoor facility organized for campers (generally children)
to spend all or part of the summer away from home, living in tents,
tent-like structures, primitive cabins, or under other primitive conditions,
participating in organized activities such as sports and arts and
crafts, and eating together in a central dining facility (also called
"camp").
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.
[Added 6-6-2023]
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.
[Added 10-3-2023]
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.
[Added 10-3-2023]
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.
Human activity that causes change to real estate that requires
a permit or approval from any department of the City of Rochester,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, parking, excavation, or drilling
operations, storage of materials, division of land into parcels, demolition,
and installation of signs and fences.
"Development" does not include the following:
Work by a highway or public works department or railroad company
for the maintenance or improvement of a road or railroad track, if
the work is carried out on land within the right-of-way.
Work by a public utility maintaining, installing, or building
mains, pipes, cables, tunnels, power lines, towers, poles, tracks,
etc.
Work conducted entirely on the interior of a structure that
does not increase the intensity of impact on the City.
A change in the ownership or form of ownership of any property
(notwithstanding the definition of a condominium conveyance as a subdivision
as set forth in RSA 672:14, I, stating that "subdivision" means the
division of the lot, tract, or parcel of land into two or more lots,
plats, sites, or other divisions of land for the purpose, whether
immediate or future, of sale, rent, lease, condominium conveyance).
The creation or termination of rights of access, easements,
or covenants unless in violation of any condition of approval issued
by the Planning Board.
Planting of landscaping materials.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The right to use another person's land for a stated purpose.
It can involve a general or specific portion of the property.
CAFE (or COFFEE SHOP)A restaurant not exceeding 1,000 square feet which:
FOOD STANDAn eating establishment in which prepared food and beverages are sold in a ready to consume state from a food cart, truck, or stand situated out of doors.
LOUNGEA section of a restaurant that sells alcoholic beverages for consumption on the premises (as an accessory use).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
NIGHTCLUBAn establishment that stays open late at night, serving alcohol and food, and generally providing music, dancing, and/or entertainment.
RESTAURANTA commercial establishment situated in a building in which prepared food and beverages are sold to customers in a ready to consume state. Food is generally eaten on the premises at tables, booths, or a counter but may be prepared for take-out. Alcohol may be served to customers along with food as an accessory use. (See "restaurant, drive-through" and "food stand.")
RESTAURANT, DRIVE-THROUGHA restaurant which includes a drive-up window that allows customers to receive their food directly in their vehicles.
TAVERN (also known as "bar" or "pub" or "nano brewery" or "winery" or "distillery")A commercial establishment that sells alcoholic beverages for consumption on the premises. This may include the actual production of those alcoholic beverages on the premises, the carry-out sales of those beverages produced on the premises, and the production and sale of food products on the premises.
[Amended 6-6-2017]
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.
[Added 8-2-2022]
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.
[Added 5-5-2023]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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:
Automotive recycling yards, meaning a motor vehicle junkyard, as identified in Subsection C, the primary purpose of which is to salvage multiple motor vehicle parts and materials for recycling or reuse;
Machinery junkyards, as defined in RSA 236:112, III; and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Motor vehicle junkyards, meaning any place, not including the
principal place of business of any motor vehicle dealer registered
with the Director of Motor Vehicles under RSA 261:104 and controlled
under RSA 236:126, where the following are stored or deposited in
a quantity equal in bulk to two or more motor vehicles:
Motor vehicles which are no longer intended or in condition
for legal use according to their original purpose, including motor
vehicles purchased for the purpose of dismantling the vehicles for
parts or for use of the metal for scrap; and/or
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 intended to be a part, of any motor vehicle.
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.
BED-AND-BREAKFASTA building which contains one owner-occupied dwelling unit and a short-term commercial lodging facility operated by the owner-occupant. The facility contains up to six private guest rooms with individual or shared bathrooms and no cooking facilities. Meals may be offered to overnight guests only.
HOTELA commercial lodging facility with private rooms or suites, each having its own bathroom. Access to every guest room is through a central lobby and interior corridors. Hotels may include other accessory services oriented primarily to their overnight guests, including function rooms, conference space, limited restaurants, and limited shops.
MOTEL (or MOTOR LODGE)A commercial lodging facility with private rooms, each having its own bathroom. One enters the guest rooms directly from out of doors, either at ground level or via an upper level open corridor.
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.
[Amended 9-6-2016]
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.
[Added 5-7-2019]
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.
[Added 5-7-2019]
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.
[Added 5-5-2023]
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."
ANTIQUE SHOPA store that sells exclusively (or nearly exclusively) antiques and collectibles. Under this chapter an antique or collectible is a work of art, piece of furniture, decorative object, unusual functional object, or the like, that is at least 30 years old. An antique does not include any vehicles.
CONVENIENCE STORE (or CORNER STORE)A retail store containing less than 2,000 square feet of gross floor area which sells everyday goods including freshly prepared food products, groceries, household items, newspapers, magazines, over-the-counter drugs and sundries. A convenience store does not include a gas station as an accessory use.
FLORISTA retail sales operation involving the sales, arrangement, and potting of flowers and small plants. This may include limited cultivation of plants, limited sales of unpotted and larger plants, and limited sales of decorative items as accessory uses.
GROCERY STOREA retail store containing 2,000 square feet or more of gross floor area which primarily sells prepackaged food products, fresh produce, and meat but also may sell freshly prepared food and other convenience and household goods. (Also see "convenience store.")
PHARMACYA retail sales operation, not exceeding 3,000 square feet, involving the filling of prescriptions and sale of over-the-counter drugs, health and beauty products, and medical appliances and equipment.
RETAIL SERVICESA facility for providing direct personal or business services to walk-in customers. "Retail services" does not include retail sales except for incidental items related to the service, as an accessory use, or the leasing/rental of equipment or goods if stored on the premises. (Also see "office," "retail sales," and "service establishment.")
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
SECONDHAND SHOPA retail establishment with a primary stock of used or secondhand items with a maximum floor area up to 4,000 square feet.
SERVICE ESTABLISHMENTRetail, wholesale, and business services of a more intensive nature than "retail services" including repair of heavy equipment, machines with engines, and furniture involving the significant use of chemicals; rental of large or heavy equipment; and other miscellaneous activities with greater potential performance impacts, as reasonably determined by the Director of Building, Zoning, and Licensing Services.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
TRADE SHOPA workshop with under 5,000 square feet used for the building trades or for custom production, service, or repair work, including but not limited to carpentry, plumbing, HVAC work, electrical work, welding, furniture making and restoring, cabinetmaking, sign making, upholstering, painting, fabrication and finish of stone work such as grave markers, other monuments, counter tops and curbing, and similar activities but excluding work related to vehicles or engines.
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."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
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.
[Added 5-5-2023]
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.
[Added 5-5-2023]
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.
[Added 5-5-2023]
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.
[Added 5-5-2023]
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.
[Added 5-5-2023]
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.
[Added 5-5-2023]
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.
[Added 5-5-2023]
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.
[Added 5-5-2023]
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).
For the purposes of this chapter, the term "solid waste facility"
shall specifically exclude hazardous waste facilities including those
regulated under the NHDES Hazardous Waste Rules (New Hampshire Code
of Administrative Rules Chapters Env-Hw 100 to 1100) and so-called
waste-to-energy facilities involving the incineration of solid waste.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
For the purpose of the interpretation of the provisions of this
chapter relative to the authorization and operation of a solid waste
facility, all definitions contained in Chapter 149-M of the New Hampshire
Revised Statutes Annotated and applicable regulations promulgated
thereunder (e.g., New Hampshire Code of Administrative Rules Chapters
Env-Hw 100 to 1100) as presently enacted or the corresponding provision(s)
of any recodification or amendment thereof shall apply, unless a specific
and more restrictive definition of any applicable term shall be adopted
as part of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
"Solid waste facility" includes, but is not limited to, composting
facility, junkyard, and recycling facility. (See also "composting
facility," "junkyard" and "recycling facility.")
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.
[Added 6-6-2023]
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.
[Added 4-7-2020]
Any wireless communications facility designed for short-term
use only for a special event or while a permanent wireless communications
facility is under construction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When the following abbreviations are used in this chapter, they
shall have the meaning attached:
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DBH
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Diameter at Breast Height
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FAA
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Federal Aviation Administration
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FCC
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Federal Communications Commission
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HDC
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Historic District Commission
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NHDES
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The New Hampshire Department of Environmental Services
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PUD
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Planned Unit Development
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RSA
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The New Hampshire Revised Statutes Annotated
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ZBA
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The Zoning Board of Adjustment of the City of Rochester
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Where no definition is listed in the above article refer to
the City's Chief Planner.
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