For terms for which no definition is provided, Raymond's Ordinances
and Regulations may reference the New Illustrated Book of Development
Definitions by Moskowitz and Lindbloom, published by the Center for
Urban Policy and research, dated 1993 and as may be amended. For the
purposes of this chapter, the present tense includes the future tense;
the singular number includes the plural; and the plural number includes
the singular. The word "shall" is mandatory; the word "may" is permissive;
the words "used" or "occupied" include the words "intended," "designated,"
or "arranged" to be used or occupied; and certain terms or words shall
be interpreted as follows:
ABANDONED
"Abandoned" means the stated intention or otherwise apparent
action of an owner to discontinue a nonconforming use of a structure
or lot.
ACCESSORY BUILDING
A building or structure, detached from but located on the
same lot, which is customarily incidental and subordinate to the principal
building. Accessory buildings shall not contain bedrooms. (3/2017)
ADULT BUSINESS ESTABLISHMENT
Any business open to the public, including, but not limited
to, any bookstore, video store, newsstand, novelty store, nightclub,
bar, cabaret, amusement arcade, theater, sexual encounter center or
another business which derives revenue from the sale, rental or viewing
of live performances or representations in any form involving displays
or materials which meet the definition of "harmful to minors" and/or
"sexual conduct" as set forth in NH RSA 571-B:1, et seq., and which
devotes more than 20% of the total display, shelf, rack, table, stand
or floor area for live performances or representations in any form
of displays or material which meet the definition of "harmful to minors"
and/or "sexual conduct" as set forth in NH RSA 571-B:1, et seq. (03/1999)
AGRICULTURAL USE
The use of land for the purpose of cultivating the soil,
producing farm, forest or horticultural crops/dairy and/or raising
livestock, poultry or other farm animals. (03/1990)
A.
COMMERCIAL AGRICULTUREAgricultural use of land for the principal purpose of sale either on or off the premises, including any sale facilities located on the premises. A single-family detached dwelling is a permitted accessory use.
C.
PRODUCE STANDA structure used solely for the sale of produce/vegetables accessory to a noncommercial agricultural use of land where the floor area of the structure does not exceed 150 square feet.
AUTOMOTIVE OR SIMILAR SALES FACILITY
A building and/or lot used principally for the sale, display
or rental of new or used automobiles or other similarly sized vehicles,
with or without an accessory use for the repair or reconditioning
of such vehicles. (03/1992)
AUTOMOTIVE REPAIR SHOP
A building and/or lot where automobiles or other similarly
sized vehicles are serviced and repaired. No unregistered vehicles
shall be allowed on site as per NH RSA 236:111 et seq. (03/1992)
AUTOMOTIVE SERVICE STATION
A building and/or lot where gasoline, oil, grease, batteries,
tires and automotive accessories are sold at retail, minor servicing
and repairs are made and cold drinks, candy, tobacco and similar goods
may be sold. (03/1992)
BED-AND-BREAKFAST INN
A residential dwelling unit or a portion thereof where short-term
lodging and meals, incidental to lodging, are provided. The operator
of the inn shall live on the premises. (03/1993)
BOARD
The Town of Raymond Zoning Board of Adjustment.
BOARDING UNIT
Residence of one or more persons not living as a single housekeeping
unit and not having individual cooking facilities.
BUILDING
Any structure that has a roof on it and is intended or used
for the shelter, housing or enclosure of persons, animals or property.
CAMPER
Any type of readily transportable shelter which was designed
and/or is commonly used for camping, including but not limited to:
motor homes, pickup-truck-mounted shelters and towed trailer-type
shelters, to include hard and soft body trailers, which do not qualify
as manufactured housing as defined in this section.
CAMPING AREA
Any parcel of land which contains three or more separate
lots or sites and/or contains permanent buildings or other structures
commonly used for camping, including accessory buildings and, if necessary,
privately owned and maintained roads to provide access thereto; contains
lots or sites which are rented, leased or otherwise let, for the placement
of tents, campers, or other normally accepted camping shelters thereon
for the purpose of camping; occupancy thereof is for not more than
nine months of the year; meets or exceeds all of the current requirements
of the State of New Hampshire for that type of camping area.
CERTIFIED PLOT PLAN
A survey, sketch plan, map plat, or other exhibit of a lot,
drawn to scale, showing the actual measurements, the size and location
of any existing structures or structures to be erected, the location
of the lot in relation to abutting streets, and other such information,
containing a written statement regarding accuracy, signed and sealed
by a New Hampshire licensed land surveyor under whose supervision
said plan was prepared. (03/2004)
CHURCH
A building and/or other structure used principally by a body
or organization of religious believers to regularly assemble for worship.
(03/1990)
CODE OFFICIAL
Any employee of the Town of Raymond authorized by the Town
Manager to administer or enforce the Zoning Chapter, including but
not limited to the Community Development Director and the Building
Inspector, but in all cases someone who is qualified to carry out
the duties of the position. (03/2013)
COMMERCIAL SERVICE ESTABLISHMENT
A building and/or other structure used principally for providing
commercial services to the public, such as a beauty shop, shoe repair
shop, dry cleaner, laundry, electrician, plumber, repair service,
installation service, general contractor, rental shop and the like.
No accessory use for residential purposes shall be permitted. (03/1990)
CONSERVATION SUBDIVISION
A subdivision of land consisting of protected open space
and single-family detached homes located on unconventional lots that
would not otherwise be permitted by the minimum lot size, frontage
and yard requirements of this chapter. Private roads built to Town
standards are permitted in a conservation subdivision, but a homeowner's
association must be established to maintain the roads.
DAY CARE
A building used principally or as an accessory use to a single-family
attached dwelling or a freestanding building or structure used to
provide custodial care for children without a teacher or formal education
program.
A.
FAMILY DAY-CARE HOMEA residence occupied by a provider in which child care is regularly provided for any part of a day (but less than 24 hours except in emergencies) for one to six children from one or more unrelated families. The maximum of six children includes children under six years of age who are living in the home and children related to the applicant who are received for child care.
B.
ADULT DAY-CARE FACILITYAn establishment, located in either a private residence or other building, which provides care, supervision and protection of adult persons.
C.
DAY-CARE CENTERA facility licensed by the state, where seven or more children are provided care, supervision and protection. (03/2002)
DENSE VEGETATIVE BUFFER
A natural and/or planted vegetative buffer, which shall provide
year-round screening, e.g., evergreen plantings. (03/2002)
DRIVEWAY
An accessway with two or fewer dwellings, except in the case
of a conservation subdivision which may have four dwellings served
by one driveway.
DWELLING
A structure designed for residential occupancy by one or
more families, but excluding hotels, motels, tourist homes, overnight
cabins.
DWELLING - TWO-FAMILY UNIT
A structure on a single lot containing two dwelling units,
each of which is separated from the other by an unpierced wall extending
from ground to roof or by an unpierced wall extending from exterior
wall to exterior wall, except for a common stairway exterior to both
dwelling units.
DWELLING UNIT
One or more rooms providing complete separate living facilities
for the use of one or more persons constituting a single housekeeping
unit, with permanent provisions for living, sleeping, eating, cooking
and sanitation.
FLEA MARKET
A commercial venture consisting of rented space to sell items
and/or admission is charged. (03/1998)
FLOODWAY
The area subject to regular flooding, the limits of which
are determined by the normal annual high-water mark of any lake, pond,
river or other major waterway.
FLOOR AREA
The area of floor space which may be occupied on all stories
of a building measured between the faces of the interior walls. (03/2012)
FORESTRY
The operation of timber tracts, tree farms, forest nurseries,
the gathering of forest products, or the performing of forest services.
(03/2012)
FRONTAGE
The length of a lot at its front lot line which borders on
a public street or a street paved in a subdivision approved by the
Planning Board.
GASOLINE STATION AND CONVENIENCE CENTER
A gasoline station and convenience store comprising the principal
use, which may also include a fast-food component operated and maintained
as a use within the principal structure. (03/2012)
HEAVY INDUSTRIAL ESTABLISHMENT
Processing or manufacturing activities in which raw materials
are transformed into finished goods on a large scale to be further
manufactured, fabricated, assembled or packaged in a light industrial
establishment, as defined in this chapter. (03/2012)
HEAVY MANUFACTURING ESTABLISHMENT
A structure and/or lot used principally for manufacturing
activities not meeting the definition of "light manufacturing establishment,"
as defined in this chapter. (03/2012)
HOME OCCUPATION
Any activity carried out for gain by a resident which is
conducted in the resident's single-family detached dwelling, or an
accessory building thereto, that is clearly secondary and subordinate
to the residential purposes of the dwelling and does not change the
residential character of the neighborhood. (03/2015)
HOTEL/MOTEL
A building principally containing rooms without individual
cooking facilities used for transient occupancy, including an inn,
motel, motor inn or tourist court, but not including a boarding or
rooming house. A restaurant is a permitted accessory use.
INDOOR COMMERCIAL RECREATION FACILITY
A building used principally for indoor commercial recreation,
such as bowling alley, pool hall, indoor pool, tennis court, gymnasium,
roller or ice skating rink, indoor movie theater and the like.
JUNKYARD
Any business and any place of storage or deposit, whether
in connection with another business or not, which has stored or deposited
two or more unregistered motor vehicles which are no longer intended
or in condition for legal use on the public highways, or used parts
of motor vehicles, old iron, metal, glass, paper, cordage or other
waste of discarded or secondhand material which has been a part, or
intended to a part of any motor vehicle, the sum of which parts or
material shall be equal in bulk to two or more motor vehicles. "Junkyard"
shall also include any place of business or storage or deposit of
motor vehicles purchased for the purpose of dismantling the vehicles
for parts or which are parts of a motor vehicle or cut up the parts
thereof. Intended use shall be defined as the vehicle's ability to
meet current state motor vehicle inspection requirements.
LIGHT INDUSTRIAL ESTABLISHMENT
A structure and/or lot used principally for the manufacturing,
fabricating, assembling, or packaging of components through the systematic
use of machinery and labor to produce durable and/or nondurable finished
goods or component parts. All manufacturing, fabricating, assembly
or packaging must take place wholly within a structure or structures
and involve no permanent outside storage of equipment or materials,
unless such storage is approved by the Planning Board. (03/2012)
LIGHT MANUFACTURING ESTABLISHMENT
Those manufacturing activities which utilize materials manufactured
elsewhere to mechanically produce or assemble a product. All production
and assembly must take place wholly within a structure or structures
and involve no permanent outside storage of equipment or materials,
unless such storage is approved by the Planning Board. (03/2012)
LOT LINE FRONT
Any lot line that coincides with a line of a street or a
right-of-way.
LOT LINE REAR
The lot line most distant from the front line, except that
in the case of a corner lot, the owner shall have the option of choosing
which of the lot lines shall be the rear lot line.
LOT, PREEXISTING, NONCONFORMING
A lot lawfully used or existing at the effective date of
this chapter, or any subsequent amendment thereto, which is not in
accordance with all the area, yard, height and frontage requirements
of this chapter or any subsequent amendment thereto for the district
in which it is located.
LUMBER TREATMENT ESTABLISHMENT
A structure and/or lot used principally for the treatment
and preparation of lumber, such as planing mills, sawmills and the
like. Outdoor storage of goods is a permitted accessory use only after
site plan review.
MACHINE SHOP
Any facility where parts for various types of machines are
assembled and manufactured or repaired. (03/1990)
MANUFACTURED HOME PARK
A lot upon which 10 or more manufactured homes are located for use for residential purposes, whether or not a charge is made for such accommodations, as governed by §
197-6.3 of this chapter. (03/2006)
MANUFACTURED HOUSING
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.
MULTIFAMILY HOUSING
A residential building designed for and occupied by three
or more families, regardless of the type of ownership, such as, but
not limited to, condominiums, apartments or other common wall or row-type
housing units of the same type.
NO NET LOSS
As applied to area and function of wetlands, means that for any wetlands filled by any development, an equal area of wetlands with similar or better function, as designed by a certified soil or wetland scientist, must be reconstructed utilizing approaches outlined in §
197-2.9. (03/2009)
NURSERY SCHOOL
A building used principally, or as an accessory use to a
single-family detached dwelling for preelementary, nonpublic education,
where there exists a curriculum and teacher to provide an educational
program for children. (03/1990)
OFFICE ESTABLISHMENT
A building used principally for offices and/or by those providing
professional and quasi-professional services, such as engineers, doctors,
bankers, lawyers, realtors, insurance agents and the like, and commercial
service establishment having in excess of 3,000 square feet in floor
area.
OUTDOOR COMMERCIAL RECREATIONAL FACILITY
A lot and/or structure used principally for outdoor commercial
recreation, such as golf courses, miniature golf, fish and game clubs,
tennis courts and swimming pools, race tracks, outdoor movie theaters
and the like.
PUBLIC EDUCATIONAL FACILITY
A building used principally to educate any child of the Town
of Raymond where attendance at such school at the public expense is
a right of that child.
PUBLIC RECREATIONAL FACILITY
Any lot and/or structure used principally for recreation,
built or maintained at the public expense and open generally to the
public, such as public tennis courts, ball fields and parks.
RECYCLING COLLECTION CENTER
A facility where predominately residential users can deposit
cans, bottles, newspapers, glass and other suitable nontoxic, nonhazardous
recyclable materials in separated boxes, bins, etc. (03/1991)
RECYCLING PROCESSING CENTER
A facility where recycled materials such as cans, bottles,
newspapers, cardboard, glass and other materials are received and
prepared for future processing either on site or off site. In addition,
collection of household hazardous waste may be allowed by special
exception. (03/1991)
RESEARCH LAB
A facility which conducts and supervises research into biological,
chemical or mechanical activities. All activities, especially residue
or waste material shall be handled and disposed of in strict conformance
with appropriate state and federal laws. (03/1990)
RESTAURANT
A building or other structure used principally to provide
refreshments or meals to the public for consumption principally on
the premises, including cafes, lunchrooms, cafeterias, tea rooms,
sandwich shops and the like, but not including a fast-food restaurant.
(03/1990)
RESTAURANT, FAST-FOOD
A building used principally to dispense prepared food and/or
beverages to the public for consumption on or off the premises, the
major attributes of which are assembly line preparation of food and
speed of dispensing, self-service by the customer by standing in line,
and/or service to the customer in automobiles, and which generates
a large volume and rapid turnover of entering and exiting motor vehicle
traffic. (03/1990)
SALES ESTABLISHMENT
A structure and/or lot used principally for the sale of products
to the public or at wholesale if principally on the premises, such
as grocery, drugstore, general merchandise store, bookstore, florist
shop, building supply store, auto parts store and the like. Outdoor
storage of goods shall be governed by the Site Plan Review Regulations
of the Town of Raymond. (03/1990)
SERVICED BY TOWN WATER
Receiving metered, potable water supply from the Town-owned
and maintained water supply system. (03/2012)
SINGLE-FAMILY DETACHED DWELLING
A dwelling which stands apart from other buildings, except
accessory buildings, and which is used for residence by a single housekeeping
unit, with permanent provisions for living, sleeping, eating, cooking
and sanitation.
SITE PLAN
A plan showing the location of all buildings, parking areas,
abutters, traffic access and circulation drives, open spaces, landscaping
and any other pertinent information that the Raymond Planning Board
deems necessary in implementing its review on nonresidential and multifamily
dwelling unit site plans in accordance with Chapter 674 New Hampshire
Revised Statutes Annotated. (03/2004)
SOCIAL FACILITY
A structure and/or lot used principally by clubs of a fraternal,
social or nonprofit nature to provide a meeting place and to conduct
the business of said club.
SPECIAL EXCEPTION
As defined in NH RSA 674:33 IV, a use of a building or lot which may be permitted under this chapter only upon formal application to the Board of Adjustment and subject to the approval of that Board in accordance with §
197-9.2 of the Raymond Zoning Chapter. (03/1992)
SPECIAL PERMIT
A permit issued by the Planning Board to allow specific uses
and/or activities as required by the Raymond Zoning Chapter. (03/1999
and 03/2018)
STREET
A thoroughfare, road, avenue, freeway, highway, and other
ways open to public use. "Street" shall mean the entire width of the
right-of-way whether unimproved or improved, serving more than two
dwellings.
STRUCTURE
A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below
the surface of land or water. (03/2000)
STRUCTURE, PERMANENT
Anything built with a footing or foundation and/or by nature
of its size, positioning, projected use or construction and upon installation
or removal, causes any destruction to surroundings or to the structure
itself, exclusive of fences, wells and stone walls. (03/2000)
SUBDIVISION
As defined in NH RSA 672:14, 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 or building development. It includes
resubdivision and, when appropriate to the context, relates to the
process of subdividing or to the land or territory subdivided.
TESTING LAB
A facility which conducts tests of experimental activities
in a regulated environment in strict conformance with state and federal
laws. (03/1990)
TRUCK AND HEAVY EQUIPMENT REPAIR SHOP
A building and/or lot where trucks and/or heavy-equipment-type
vehicles are serviced and repaired. No unregistered trucks shall be
allowed on site as per NH RSA 236:111 et seq. (03/1992)
TRUCK AND/OR HEAVY EQUIPMENT SALES FACILITY
A building and/or lot used principally for the sale, display
or rental of new or used trucks and/or similarly sized vehicles with
or without an accessory use for the repair or reconditioning of such
vehicles. (03/1992)
USE
A purpose defined by this chapter for which a structure or
lot is used, occupied or maintained or for which it is designed or
intended to be used, occupied or maintained.
USE, ACCESSORY
A use secondary and subordinate to the principal use of a
structure or lot. An accessory use shall not exceed 25% of the lot
area. Noncommercial agriculture shall not, however, be limited in
percentage of lot coverage.
USE, NONCONFORMING
A use lawfully existing at the time of adoption of this chapter
or any subsequent amendment thereto which does not conform to one
or more of the use provisions of this chapter or any subsequent amendment
thereto. This shall include a use for which a building permit was
lawfully issued prior to the posting of the first required legal notice
of the adoption of this chapter or any subsequent amendment thereto
and for which the construction is completed within one year of the
effective date of this chapter or any subsequent amendment thereto
or the time limit prescribed by the building permit or other approval,
whichever is shorter. (03/1990)
USED MOTOR VEHICLE DEALERSHIP
The storage and display for sale of more than two used motor
vehicles. Motor vehicle sales shall include motor vehicles retail
or wholesale sales. (03/2002)
VARIANCE
As defined in RSA 674:33, a relaxation of the terms of this chapter granted by the Zoning Board of Adjustment as long as it complies with the variance criteria required under §
197-9.3 of this chapter. (03/2010)
WAREHOUSE ESTABLISHMENT
A building or other structure used principally for the storage
of products, including finished goods, fuels, lumber, food and chemicals,
whether or not involving the wholesaling or retailing of such products
principally off the premises. (03/1990)
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. (03/2009)
WHOLESALE BUSINESS ESTABLISHMENT
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other than
wholesalers, or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. (03/2012)
WIRELESS COMMUNICATIONS FACILITY
All towers, poles, antennas or other structures intended
for use in connection with the commercial transmissions or receipt
of radio or television signals or any other spectrum-based transmissions/receptions.
(03/1997)