For the purpose of this chapter, certain terms
or words herein shall be interpreted as follows:
A.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
B.
The present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
C.
The words "shall" and "will" are mandatory; the word
"may" is permissive.
For the purpose of this chapter, certain terms
or words herein shall be interpreted as follows:
The cessation of a nonconforming use. Abandonment is indicated by the stated intention or otherwise apparent action of an owner to discontinue a nonconforming use of a structure or lot, such as the removal of characteristic equipment or furnishings used in the performance of the nonconforming use, without its replacement by similar equipment or furnishings, or the replacement of a nonconforming use by a conforming use. See Article XIII. In its context, abandonment will have been deemed to have occurred when an owner has failed to timely act on any permit or approval.
[Added 7-20-2017]
A building used for the for-profit slaughtering of animals
that are either raised or transported to the building and the processing
and storage of animal products and waste that results from a slaughtering
process. A slaughterhouse is designed to accommodate the confinement
and slaughtering of live animals and may include packing, treating,
storage or sale of the product on the premises.
[Added 7-20-2017]
Any person whose property is located in New Hampshire and
adjoins or is directly across the street or stream from the land under
consideration.
A private vehicular right-of-way providing access from an
approved public street to a single multifamily residential or nonresidential
building lot.
[Added 6-5-2007]
A residential living unit that is within or attached to a
single-family dwelling, and that provides independent living facilities
for one or more persons, including provisions for sleeping, eating,
cooking, and sanitation, on the same parcel of land as the principal
dwelling unit it accompanies.
[Added 7-20-2017]
A building or use subordinate and customarily incidental
to the main building or use on the same lot. The term "accessory building"
when used in connection with agriculture shall include all buildings
customarily used for farm purposes.
Shall include any billboard, sign, notice, poster, display
figure, painting, message, placard card or any other device which
is designated or intended to attract or which attracts the attention
of operators of motor vehicles and/or pedestrians and shall include
a structure erected or used in connection with the display of any
such device and all lighting or other attachments used in conjunction
therewith.
[Added 1-7-2014]
A type of indoor growing system that involves suspending
plants in the air, usually on vertically oriented growing frames or
towers, and nourishing them by spraying their root structures with
nutrient and water solution.
[Added 4-15-2021]
Any area of land, including structures thereon, that is used
for agricultural purposes, including forestry. This includes the raising
of cows, horses, poultry, and other livestock; horticulture and orchards;
logging of a forest, woodland, or plantation; selling of products
primarily grown or raised directly on such land; and the building,
altering or maintaining of woods roads, agricultural roads, skidways,
landings, fences, drainage systems, and farm ponds. Any such use shall
be deemed to be a permitted use only if it is conducted in accordance
with the restrictions of the current Town of Derry and State Health
and Sanitary Codes and the Best Management Practices for Animal Husbandry,
as published by the New Hampshire Department of Agriculture, Markets
and Foods, most recent edition.
[Amended 5-14-2012, effective 6-14-2012]
Agricultural use of land for the principal purpose of sale
of agricultural products grown either on or off the premises, or for
animal husbandry, including any sales facilities located on the premises.
A single-family detached dwelling is a permitted accessory use. This
term shall not include the use of biomass fertilizer and/or the raising
of pigs or mink.
[Added 5-14-2012, effective 6-14-2012]
Agricultural use of land accessory to a residential use.
[Added 5-14-2012, effective 6-14-2012]
Any practice on a farm incident to, or in conjunction with,
farming operations, including but not limited to: preparation for
market, delivery to storage or to market, or to carriers for transportation
to market of any products or materials from the farm; the transportation
to the farm of supplies and materials; the transportation of farm
workers; forestry or lumbering operations; the marketing or selling,
at wholesale or retail, of any products from the farm, on-site and
off-site where not prohibited by local regulations. Marketing includes
agritourist, which means attracting visitors to a farm to attend events
and activities that are accessory uses to the primary farm operation,
including, but not limited to, eating a meal, making overnight stays,
enjoyment of the farm equipment, education about farm operations,
or active involvement in the operation of the farm. This use also
includes irrigation of growing crops from private water supplies or
public water supplies where not prohibited by state or local rule
or regulation; the use of dogs for herding, working or guiding livestock
as defined in RSA 21:34-a,II(a)(4); the production and storage of
compost and the materials necessary to produce compost, whether such
materials originate, in whole or in part, from operations at the farm.
[Added 7-20-2017]
Any building or portion of building designed or used for
the care, observation, or treatment of domestic animals by a licensed
veterinarian.
[Added 7-20-2017]
A building arranged or intended or designed to be occupied
by three or more families living independently of each other and doing
their cooking upon the premises, or by three or more individuals living
independently but having a common heating system and a general dining
room.
A system of aquaculture in which the waste produced by farmed
fish or other aquatic animals supplies nutrients for plants grown
hydroponically, which, in turn, purify the water.
[Added 4-15-2021]
Geological formation composed of rock or sand and/or gravel
that contains significant amounts of potentially recoverable potable
water.
[Added 7-20-2017]
A person whose major profession is the practice of an artistic
discipline or who produces and/or sells handmade goods, possibly in
the same facility as the production studio.
[Added 7-20-2017]
A residential care facility for elderly persons, the age
restrictions and/or other requirements for which shall not be inconsistent
with federal and state law, that is licensed by the state, containing
a common dining facility and accessory uses typically needed by elderly
residents. Medication dispensing and assistance with daily living
activities may be provided.
[Added 4-17-2007]
Connected or joined to something. As applied to accessory
dwelling units (ADU), "attached" means there is a common wall or habitable
space between the principal dwelling unit and the ADU.
[Added 7-20-2017]
A building and/or lot used principally for the commercial
display, sale, lease or rental of new or used automobiles or other
motor vehicles, with or without an accessory use for the repair or
reconditioning of such vehicles.
[Added 5-14-2012, effective 6-14-2012]
A building and/or lot used principally for the repair and/or
servicing of passenger and other light-duty motor vehicles. May include
structural repairs, painting, and work involving the use of machinery.
Outdoor storage shall be governed by the Land Development Control
Regulations of the Town of Derry.[1] This use excludes the sale of vehicles.
[Added 5-14-2012, effective 6-14-2012]
A building and/or lot used principally for the selling of
gasoline, oil and related products for motor vehicles. This use may
contain an accessory use for the repair and/or servicing of passenger
and other light-duty motor vehicles. If the station contains more
than two service bays, it shall be classified as an automobile repair
garage. See "filling station." This use excludes the sale of vehicles.
[Added 5-14-2012, effective 6-14-2012]
The operation of, or any function associated with, aircraft.
The sign area affixed or otherwise included in an awning
structure. For purposes of sign area, the total combined text or advertising
shall be included in one sign type. Area is calculated by the combined
total of all advertising elements.
[Added 1-7-2014]
An establishment for the custody, loan, exchange, or issue
of money for the extension of credit and for facilitating the transmission
of funds, whether it is a drive-through, drive-up or conventional
walkup and walk-in use.
See definition of "tourist home."
[Amended 3-18-2003]
Large outdoor, off-premises advertising device, the display
space of which is typically leased to, rented to and/or used by a
business or organization — for commercial or noncommercial purposes
— for a designated period of time. In addition to traditional
billboards (in which large pieces of printed paper are affixed to
a durable backing on a structure), billboards also encompass other
formats, such as digital billboards and inflatable billboards.
[Added 1-7-2014]
A premises where any beverage is manufactured and includes
all offices, cooling-rooms, vaults, yards, cellars, and storerooms
connected therewith or where any part of the process of manufacture
of beverages is carried on, or where any apparatus connected with
such manufacturing is kept or used, or where any of the products of
manufacturing are kept or stored.
[Added 7-20-2017]
A manufacturer of beer or specialty beer, not exceeding 2,500
barrels annually, which, as a functional part of its business, maintains
a full-service restaurant serving the beer it manufactures as well
as other beverage and liquor as allowed by RSA 178:21, II(a)(1) and
RSA 178:22, V(q).
[Added 7-20-2017]
A person who makes or produces beer or similar alcoholic
beverages in a facility specially designed for that production.
[Added 7-20-2017]
An industrial use that brews or manufactures ales, beers,
meads and/or other beverages on site. Breweries are classified as
a use that manufactures more than 15,000 barrels of beverages (all
beverages combined) annually. In addition, uses that manufacture 15,000
barrels of beverage or less, but which do not meet one or more of
the requirements needed to be considered brew pubs, are breweries.
A brewery may include all offices, granaries, mash-rooms, cooling-rooms,
vaults, yards, cellars, and storerooms connected therewith or where
any part of the process of the manufacture of beer or other beverages
is carried on, or where any apparatus connected with such manufacture
is kept or used, or where any of the products of brewing or fermentation
are kept or stored. This use may also include an accessory restaurant.
[Added 7-20-2017]
An area of land, including landscaping, berms, walls, fences,
and building setbacks, that is located between land uses of different
character and is intended to mitigate negative impacts of the more
intense use on a residential or vacant parcel. An appropriate buffer
may vary depending on uses, districts, size, etc., and shall be determined
by the Planning Board.
[Added 7-20-2017]
A constructed unit forming a shelter for persons, animals
or property and having a roof and being permanently located on the
land. Where the context allows, the word "building" shall be construed
as followed by the words "or part thereof."
The percentage of lot area or square footage, as applicable,
covered by a building, exclusive of cornices, eaves, gutters, chimneys,
porches without roofs and bay windows. In determining building area,
principal and accessory buildings shall be included.
[Added 7-20-2017]
A detached or attached building, the use of which is customarily
incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal
building. An accessory building may include, but is not limited to,
a utility shed, porch, barn, or garage. The term "accessory building,"
when used in conjunction with agriculture, shall include all buildings
customarily used for farm purposes.
[Added 7-20-2017]
Line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line.
Vertical distance measured from the average elevation of
the proposed finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs and to the average height
between the eaves and the ridge for other types of roofs.
An area or lot used to stockpile and warehouse inventory
for construction purposes and to facilitate the distribution of the
inventory. These premises may require loading docks and business offices.
The premises may or may not be open to the general public for purchase
of inventory as a retail application.
[Added 7-20-2017]
See "fuel and storage tank."
[Added 7-20-2017]
See "transportation center."
[Amended 7-4-2013; 7-16-2015]
Recreation park area of not less than 10 acres which is suitable
for camping/tenting and which is provided with electricity, water,
sanitary and solid waste disposal facilities and with one or more
service buildings, all conforming to the regulations of the State
of New Hampshire. Direct access to the campground shall be from a
state highway.
A non-self-propelled structure, mounted on wheels, requiring
for occupancy the unfolding or erection of articulated parts and designed
for travel, recreation and vacation use.
The building or use for a veterinary establishment, riding
school or kennels.
A use designed for a burial ground of the dead, either public
or private, authorized under the laws of the State of New Hampshire.
Any disposal system designed to locate waste treatment facilities
in one area of a development to serve as the disposal system for the
entire development and approved for the site by the Department of
Environmental Services.
The conversion of one legally existing use to another permitted
use.
[Added 7-20-2017]
A building and/or other structure used principally by a body
or organization of religious believers to regularly assemble for worship.
[Added 5-14-2012, effective 6-14-2012]
See "health service facility."
[Added 6-4-2013, effective 7-4-2013]
The purchase, sale, or transaction involving the disposition
of any article, substance, commodity, or service; the maintenance
or conduct of offices, professions, or recreational or amusement enterprises
conducted for profit and also including the rental of rooms, business
offices, and sales display rooms and premises.
[Added 7-20-2017]
A building used principally for commercial performing or
fine arts schools or studios open to the public and that include the
teaching of the art. The uses include but are not limited to dance/baton
twirling/cheer, drama, music or voice studios, photography, painting,
pottery, sculpture, woodworking, scrapbooking, arts and crafts facilities
and the like. This definition does not include a sexually oriented
business.
[Added 7-7-2015, effective 8-6-2015[2]]
Any place, building or facility where business transactions
occur, as the primary function of the premises. This includes display
of wares, selling of goods and services, and access to the public
for the acquisition of these wares, goods and services. This may also
include the premises where the wares, goods and services are manufactured
or created; for example, the kitchens where food is prepared for sale.
This may also include intangible services such as banking, insurance,
etc., or personal services such as a salon or dry cleaner. Contracted
services, such as an electrician or plumber, are not included in this
definition.
[Amended 5-14-2012, effective 6-14-2012; 6-16-2015, effective 7-16-2015; 7-20-2017]
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or nonprofit group
or agency.
[Added 7-20-2017]
See definition of "public uses."
A public water system which serves at least 15 service connections
used by year-round residents or regularly serves at least twenty-five-year-round
residents.
[Added 7-20-2017]
Recreational facilities which provide guidance and promote
the health, social, educational, physical, vocational and character
development of boys and girls with appropriate fundraising events
and adult programs, such as, but not limited to, community centers,
girls club, boys club, YMCAs and YWCAs.
[Added 7-20-2017]
A place of assembly that is open to the public and to private
businesses and organizations on a rental basis, where the primary
function is conducting meetings, seminars and events. The definition
of conference center shall not include function halls intended primarily
for private social functions or entertainment, theaters, concert halls
or other assembly uses not primarily related to meetings. Food and/or
beverage service for on-premises consumption during scheduled events
is considered an accessory use to a conference center. A hotel shall
be considered an accessory use to a conference center.
[Added 6-15-2004]
A residential facility for elderly persons, the age restrictions
and/or other requirements for which shall not be inconsistent with
federal and state law, containing efficiency units and one- and two-bedroom
units without kitchen facilities. The facility shall contain common
dining facilities and other accessory uses typically needed by elderly
residents. Services provided shall include but not be limited to housekeeping,
meals and transportation. Medical services are not required to be
provided.
[Added 4-17-2007]
Person or persons engaged in specialized services to the
general public, including electricians, plumbers, HVAC installation
or repair services, general repair or installation services, general
contractor.
[Added 6-16-2015, effective 7-16-2015]
An establishment used for the outdoor repair, maintenance,
or storage of a contractor's vehicles, equipment or materials.[3]
[Added 7-20-2017]
That percentage of the lot area covered by a building. Where
not otherwise specified, coverage shall be limited by setback requirements.
A use to reduce (a dead body) to ashes by the action of fire.
It is a use generally associated with funeral establishments or may
be a separate use designed for cremation.
A building used for a museum, local historical society, library,
noncommercial art gallery, planetarium, science education center and
the like. Any such facility shall be subject to site plan review and
approval by the Derry Planning Board.
[Added 7-20-2017]
See "group day-care facility."
[Added 6-4-2013, effective 7-4-2013]
For the purpose of this chapter, density is used to define
residential dwelling units per area, and is based on the allowable
units per acre in each residential district.
[Added 7-20-2017]
The construction of improvements on a tract or tracts of
land for nonresidential use, single-family subdivisions, multifamily
residential use, and/or multiple single-family residences.
[Added 7-20-2017]
A zoning district, in which only those uses may hereafter
occur which are either permitted by right or allowed by special exception
under this chapter.
[Added 7-20-2017]
Animals commonly kept as household pets such as dogs, cats,
small caged animals, and birds (not including fowl) and caged reptiles.
[4]
[Added 8-11-2009]
A residential building designed for occupancy by three or
more families, with the number of families in residence not exceeding
the number of dwelling units provided. Proposals for multifamily dwellings
shall be subject to review and approval in accordance with the Town
of Derry nonresidential site plan review regulations.
A freestanding residence designed for and occupied by one
family only.
A residential building designed for occupancy by two families
living independently of each other in individual attached dwelling
units.
A combination of rooms connected together, constituting an
independent housekeeping establishment, containing cooking, sanitary
and sleeping facilities for owner occupancy, rental or lease and physically
separated from any other rooms or dwelling units which may be in the
same structure. It shall include sectional homes and modular units,
provided these units meet the standards of the local building code,
but shall not include motel, hotel, lodging house or similar structures.
Premises used for coloring yarn, cloth, threads and textiles
for use in fashion and home decor.
[Added 7-20-2017]
A charging station for electric vehicles.
[Added 6-16-2015, effective 7-16-2015]
An area that is surrounded by a wall, fence or the like.
[Added 5-20-2014, effective 6-20-2014]
Commercial horse, donkey, and mule facilities, including:
horse ranches, boarding stables, riding schools and academies, horse
exhibition facilities, pack stations. This land use includes barns,
stables, corrals and paddocks accessory and incidental to the above
uses.
[Added 7-20-2017]
Premises used for the repair, maintenance, retrofitting or
reconstruction/rebuilding of machinery, equipment, appliances or apparatus.
[Added 7-20-2017]
Buildings reasonably necessary for the furnishing of such
services, by public utility companies, as gas, electrical, sewer,
steam or water transmission or distribution systems, including poles,
wires, mains, drains, sewers, pipes, conduit cables and similar equipment
and accessories in connection therewith.
See Article XI, Earth Removal Regulations.
[Added 7-20-2017]
The removal of natural material such as loam, sand, gravel,
stone, or other fill material for sale in commercial quantities, or
for the use in another location.
[Added 7-20-2017]
Where the conversion of one legally existing use to another
permitted use creates a net increase in the demand for municipal services,
or the intensity of use significantly changes. The increase in intensity
of use or expansion shall be reviewed by the Planning Director, who
shall make a determination as to whether the change or expansion of
use warrants review by the Derry Planning Board.
[Added 7-20-2017]
An individual or two or more persons related by blood, marriage
or law.
As defined in NH RSA 21:34-a, and as amended from time to
time, any land, buildings or structures on or in which agriculture
and farming activities are carried out or conducted, and shall include
the residence or residences of owners, occupants, or employees located
on such land. Structures shall include all farm outbuildings used
in the care of livestock, and in the production and storage of fruit,
vegetables, or nursery stock; in the production of maple syrup; greenhouses
for the production of annual or perennial plants; and any other structures
used for "agriculture" and "farming" as defined in this chapter. A
farm may include a farm roadside stand as defined in this chapter.
A farm may include wholesale and retail sale of feed and grain products,
incidental and subordinate to agriculture and farming activities,
produced either on-site or off-site, along with accessory structures
utilized for feed and grain product storage. A farm may also include
retail sale of products/livestock that are raised/grown on the property.
[Added 7-20-2017]
See "produce stand."
[Added 7-20-2017]
A seasonal outdoor event or seasonal outdoor series of events,
subject to applicable Town health and safety codes, at which two or
more vendors of agricultural commodities gather for purposes of offering
for sale such commodities to the public. Commodities offered for sale
must include, but are not limited to, products of agriculture as defined
in this chapter. A farmer's market shall not include any event held
upon the premises owned, leased or otherwise controlled by any individual
vendor selling therein. Winter farmer's markets may be held indoors,
with the appropriate municipal permits and permissions.
[Added 7-20-2017]
A building or structure, or part thereof, or any premises
used in connection with tanks, pumps and other appliances for supplying
motor vehicles with gasoline, oil, water, compressed air and other
similar supplies, but not used for the purpose of making repairs.
This use excludes the sale of vehicles.
[Added 5-14-2012, effective 6-14-2012; amended 6-16-2015,
effective 7-16-2015]
The area subject to regular flooding, the limits of which are determined by the normal annual high water mark of any lake, pond or other major waterway. With respect to special flood hazard areas, the term "floodway" shall be defined by Article VII, Floodplain Development District.
[Added 7-20-2017]
The growing or harvesting of forest tree species used for
commercial or related purposes.
[Added 7-20-2017]
An establishment the primary purpose of which is to work
with molten metals to create castings. Receiving of metal products,
reducing metals to liquid form, creation of castings and reshaping
or reconstructing of metal products, as well as the sale of metal
goods from castings, may also occur on these premises. A foundry may
also include a showroom or sales floor for the items produced there.
[Added 7-20-2017]
Chickens, ducks, geese, guinea fowl, peafowl, pheasant, turkey,
grouse, roosters, emu and ostrich.
[Added 8-11-2009; amended 5-20-2014,
effective 6-20-2014]
Any premises used by a motor freight company as a carrier
of goods, which is the origin or destination point of goods begin
transported, for the purpose of storing, transferring, loading or
unloading goods.
[Added 7-20-2017]
The linear distance of any one property line of a lot which
abuts an accepted public or private street.
[Added 6-5-2007]
The storage of chemicals, petroleum products, or hazardous
materials in aboveground or below-ground storage containers designed
for wholesale distribution or mass consumption.
[Added 7-20-2017]
A facility for the preparation of the dead for burial or
cremation, for viewing of the body, and for funerals.
Land area covered by vegetation. Green space or green area
may be vegetated with grass, landscape plantings, ground covers, or
native vegetation.
[Added 5-7-2015]
Passive open space improved only with trails or other pedestrian
or bicycle passageways. Greenways link subdivisions to other subdvisions
and to activity centers. Greenbelts are located on the edge of a subdivision
or community.
[Added 5-7-2015]
Slowly moving subsurface water present in aquifers and recharge
areas.
[Added 7-20-2017]
Areas composed of permeable stratified sand and/or gravel
and certain wetlands, which collect precipitation surface water and
carry it to aquifers.
[Added 7-20-2017]
Both child and adult day care, unless otherwise noted, for
a part, but not all, of a twenty-four-hour day.
Includes home for the aged, orphanage, children's home, rest
home, extended care facility, student dormitory and similar types
of group living accommodations.
Includes but shall not be limited to a facility providing
clinically related outpatient diagnostic, treatment, or rehabilitative
services, as well as preventative services, and includes, without
limitation, alcohol, drug abuse and mental health services, provided
such services are provided by licensed practitioners.
[Added 6-4-2013, effective 7-4-2013]
A use of a professional or service character that has been
customarily carried out in the home and conducted within the dwelling
by the resident owner thereof which is clearly secondary to the dwelling
use for living purposes and which does not change the character thereof.
Includes sanitarium, nursing home, convalescent home and
other place for the diagnosis, treatment or care of human ailments,
licensed for inpatient care by the State of New Hampshire, and its
subsidiary structures located on the same lot as the primary facility,
including but not limited to clinics, medical offices, laboratories
and support buildings.
A facility offering transient lodging accommodations to the
general public supervised by a person in charge at all hours, and
which may include additional facilities and services such as restaurants,
bars, meeting and function rooms, entertainment, personal services,
and recreational facilities. This term shall include "inn" and "motel"
but shall not include rooming houses, apartment houses or lodging
houses. A full-service restaurant is considered an accessory use to
a hotel.
[Added 6-15-2004; amended 5-14-2012, effective 6-14-2012]
A way of growing plants without soil, directly in a mixture
of water and nutrients through a growing medium which may include
a mineral nutrient solution in an aqueous solvent. Terrestrial plants
may be grown with roots exposed to a nutritious liquid, or in addition,
the roots may be physically supported by an inert medium such as perlite,
gravel or other substrates.
[Added 4-15-2021]
A fee or assessment imposed upon development, including subdivision,
building construction or other land use change, in order to help meet
the needs occasioned by that development for the construction or improvement
of capital facilities owned or operated by the municipality, including
and limited to water treatment and distribution facilities; wastewater
treatment and disposal facilities; sanitary sewers; stormwater, drainage
and flood control facilities; public road systems and rights-of-way;
municipal office facilities; public school facilities; the municipality's
proportional share of capital facilities of a cooperative or regional
school district of which the municipality is a member; public safety
facilities; solid waste collection; transfer, recycling, processing
and disposal facilities; public library facilities; and public recreational
facilities, not including public open space.
[Added 7-20-2017]
A building used principally for indoor commercial recreation
as a business for profit, open to the public. The uses include but
are not limited to a bowling alley, pool hall, indoor pool, tennis
court, gymnasium, health club, auditorium, hand ball court, roller-
or ice-skating rink, indoor movie theater and the like. This definition
does not include a sexually oriented business.
[Added 5-14-2012, effective 6-14-2012]
Practice of growing crops or plants entirely indoors. Growing
methods and tools such as hydroponic, aquaponic, aeroponic, vertical
farming and greenhouse growing are utilized. This term does not include
"nursery."
[Added 4-15-2021]
Of, relating to, concerning, or arising from the assembling,
fabrication, finishing, manufacturing, packaging, or processing of
goods or mineral extraction.
[Added 7-20-2017]
A structure and/or lot used principally for the manufacturing,
refining, assembling or processing of raw materials or components
through the systematic use of machinery and labor, to produce durable
and/or nondurable finished goods, component parts, chemicals, foodstuffs
or other products. This definition shall not include a power plant,
biomass facility or incineration facility. Outdoor storage of goods
shall be governed by the Land Development Control Regulations of the
Town of Derry.[5]
[Added 5-14-2012, effective 6-14-2012]
A structure and/or lot used principally for the assembly
of components, which are themselves produced off site and which as
a final product or by-product do not create any noxious or hazardous
substance of any kind, whether the operation is provided with a sophisticated
scrubbing, cleaning or reducing process or not.
[Added 5-14-2012, effective 6-14-2012]
A structure and/or lot used principally for the repair of
heavy-duty vehicles, such as front-end loaders, tractor-trailer cabs,
dump trucks or similar vehicle types.
[Added 7-20-2017]
Premises uses to stockpile and warehouse inventory for specific
industry purposes and to facilitate the distribution of this inventory.
These premises may require loading docks, fabrication or repair facilities
and business offices. Depending on the specific use, the premises
may or may not be open to the general public for purchase of inventory.
[Added 7-20-2017]
See definition of “motel.”
[Added 3-18-2003]
A private vehicular right-of-way within a nonresidential
or multifamily site providing access from an approved public street
to an individual driveway or parking lots.
[Added 6-5-2007]
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled or wrecked automobiles,
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
material.
Any place of storage or deposit, whether in
connection with a business or not, where two or more unregistered
or old motor vehicles no longer intended or in condition for legal
use on the highways are held, whether for the purpose of resale of
used parts, for the purpose of reclaiming for use some or all of the
materials, whether metal, glass, fabric or otherwise, or to dispose
of them or for any other purpose. The term includes any place of storage
or deposit for any purpose of used parts or materials from motor vehicles
which, when taken together, include in bulk two or more vehicles.
An establishment or place of business which
is maintained, operated or used for storing, keeping, buying or selling
junk or for the maintenance or operation of an automobile graveyard,
and includes garbage dumps and sanitary fills. The word does not include
any motor vehicles registered with the Director of Motor Vehicles
under RSA 261:104 and controlled under RSA 236:127.
It shall not include an establishment operated
by a firm or individual registered under the laws of the State of
New Hampshire as a new or used motor vehicle dealer, provided the
establishment only has wrecked or ruined motor vehicles which are
still registered and are not kept or stored for a period exceeding
160 days. Such dealer shall maintain records showing the owner of
the vehicle, the number and state of vehicle registration, and the
date of its original entrance upon this premises.
An establishment where dogs, cats or other domesticated animals
are boarded for compensation or are bred or raised for sale purposes.
[Added 7-20-2017]
A facility for the scientific laboratory analysis of natural
resources, medical resources, and manufactured materials. The scientific
analysis is generally performed for an outside customer, to support
the work of that customer. This category includes environmental laboratories
for the analysis of air, water and soil; medical or veterinary laboratories
for the analysis of blood, tissue, or other human medical or animal
products. Forensic laboratories for the analysis of evidence in support
of law enforcement agencies would also be included in this category.
[Added 7-20-2017]
See "research lab."
[Added 7-20-2017]
See "commercial service establishment."
[Added 7-20-2017]
A public facility for the use, but not sale, of literary,
musical, artistic, or reference materials.
[Added 6-4-2013, effective 7-4-2013; amended 7-20-2017]
Includes, but is not limited to, horses, cattle, swine, sheep,
goats, as well as domesticated strains of buffalo or bison, llamas,
alpacas, yaks, elk, and deer species.
[Added 8-11-2009; amended 5-20-2014,
effective 6-20-2014]
The assembly, manufacture, processing or other industrial
operations conducted in such a manner that all resulting cinders,
dust, fumes, gas, odors, smoke, vapor and waste or emissions are effectively
confined to the premises or disposed of so as to avoid any environmental
pollution and conducted in such a manner that the noise level at the
property line will not exceed 80 decibels and flashing and vibration
shall not be perceptible off site.
An establishment or activity primarily involved in manufacturing
or assembly which does not involve on premise use of heat-, noise-,
or odor-generating/producing processes which are detectable off-site.
Includes micro and nano breweries.
[Added 6-16-2015, effective 7-16-2015]
Any dwelling (other than a hotel or motel) in which living
accommodations, without individual kitchen facilities, are rented
to three or more nontransient guests. A boarding room or rooming house
shall be deemed a lodging house.
A parcel of land occupied, or to be occupied, by only one
main building and the accessory building or uses customarily incidental
to it, except as may otherwise be provided herein. A lot shall be
of sufficient size to meet minimum zoning requirements for use, coverage
and area and to provide such yards and other open spaces as are herein
required.
The horizontal area of the lot lying within the lot lines,
exclusive of any area in a street right-of-way.
A lot situated at the intersection of, and abutting, two
streets which have an angle of intersection of not more than 135º.
A lot abutting on a curved street shall be deemed a corner lot if
the tangents to the curve at its point of intersection with the side
lot lines meet at the interior angle of not more than 135º.
That percentage of the lot area covered by a building. Where
not otherwise specified, coverage shall be limited by setback requirements.
[Added 7-20-2017]
That lot line which directly abuts the street side of the
lot, except for lots which have multiple lot lines which abut streets,
in which case the front lot line shall be deemed to be that lot line
(abutting a street) which the front entrance of a dwelling or building
faces.
That lot line opposite from the front lot line.
[Added 7-20-2017]
Any lot line which is not a front or rear lot line.
[Added 7-20-2017]
Depth of a lot means the average horizontal distance from
the street line of the lot to its opposite rear line measured in the
general direction of the side lines of the lot. Width of a lot means
the distance measured across the minimum front setback line.
A lot which is part of a subdivision of record in the office
of the County Register of Deeds or a lot or parcel described by metes
and bounds, the description of which has been so recorded.
Temporary storage and/or shipping of goods, including mail
order processing, package distribution and mailing.
[Added 7-20-2017]
A building or use which houses or constitutes the principal
activity on the premises. This shall also include the principal building.
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 herein shall not include pre-site-built housing as defined
herein.
The making of goods or materials from raw materials or unfinished
products, includes assembling and processing. This use may also include
a retail component.
[Added 5-14-2012, effective 6-14-2012]
A structure over and in front of an entranceway to a building
designed and intended for shelter.
[Added 1-7-2014]
Business and professional offices such as those for doctors,
dentists, and related health-care facilities.
[Added 6-4-2013, effective 7-4-2013]
Building or use catering to club members and their guests
for recreational and social purposes and not operated primarily for
profit.
A facility for the production and packaging of malt beverage
of low alcoholic content for distribution, retail, or wholesale, on
or off premises, with a capacity of not more than 15,000 barrels per
year. The development may include other uses such as a standard restaurant,
bar or live entertainment as otherwise permitted in the zoning district.
[Added 7-20-2017]
The development of a tract of land or building or structure
with two or more different uses, such as but not limited to residential,
office, retail, public, or entertainment, in a compact urban form.
[Added 7-20-2017]
See definition of "manufactured housing."
A combination of hardware, software, and data networks used
to manage, administer, record, and/or control sports wagers.
[Added 2-27-2020]
A factory-built structure constructed in accordance with
State of New Hampshire and Town of Derry codes, which is manufactured
or constructed to be used as a place for human habitation, but which
is not constructed or equipped with a permanent hitch or other device
allowing it to be attached or towed behind a motor vehicle, and which
does not have permanently attached to its body or frame any wheels
or axles.
[Added 7-20-2017]
A commercial establishment offering public accommodations
comprised of a building or buildings, which contain four or more apartments
or living accommodations for ten or more persons, with or without
kitchens, and which constitute primarily the temporary abode of persons
who have their residence elsewhere. This term shall include hotels
and inns but shall not include rooming houses, apartment houses or
lodging houses.
[Amended 3-18-2003]
A portable, temporary dwelling to be used for travel, recreation
and vacation and constructed as an integral part of a self-propelled
vehicle.
A building used commercially to produce musical or sound
recordings or to produce motion pictures.
[Added 7-7-2015, effective 8-6-2015]
A building or buildings on the same parcel, or more than
one parcel, consolidated as a single development, containing two or
more nonresidential units or condominiums used principally for providing
commercial services, such as a sales establishment, commercial service
establishment, warehouse establishment and the like.
[Added 7-20-2017]
See definition of "public uses."
Land equal to the total parcel area, less wetlands, poorly
drained and/or very poorly drained soils.
[Added 5-7-2015]
A structure, or part thereof, not in compliance with this
chapter covering building bulk, dimensions, height, area, or yards,
or density laws, ordinances and regulations prior to the enactment
of this chapter.
A lot lawfully used or existing at the effective date of
the Zoning Ordinance, 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. This shall include a lot 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 complete within one year
of the effective date of this chapter, or any subsequent amendment
thereto, or within the time limit prescribed by the building permit
or other approval, whichever is shorter.
[Added 7-20-2017]
A use which lawfully occupied a building or land on the effective
date of this chapter or amendments thereto and that does not conform
to the use regulations of the district in which it is located.
An organization such as a 501(c)(3) or 501(c)(4) formed for
a public or mutual benefit, that is private, self-governing, voluntary,
and does not distribute profit to owners or investors.
[6]
[Added 7-20-2017]
A place or greenhouse where nursery stock is propagated,
grown, stored, or cultivated or offered for sale.
[Added 7-20-2017]
A home licensed by the State of New Hampshire for the aged
or chronically or incurably ill persons in which five or more such
persons not of the immediate family are provided with food and shelter
or care for compensation, but does not include hospitals, clinics
or similar institutions devoted primarily to the diagnosis and treatment
of the sick or injured.
[Added 7-20-2017]
Place where the business of a commercial, industrial, service
or professional organization is transacted.
The provision that sewer shall be by municipal disposal only.
Provision of water from a source not located on the same
lot as the building for which the water is provided. When the source
is not municipal water, the adequacy of the source shall be determined
by review of the Planning Board, the Town Engineer and appropriate
state authorities.
Sewage disposal by means located on the same site as the
building in which the sewage is generated.
Land, unoccupied by buildings or structures, that may or
may not be deeded conservation land.
[Added 6-4-2013, effective 7-4-2013]
Storage not in a structure, provided that any storage material,
other than new equipment, new building material, or other new products
displayed for sale, is fenced or screened.
A use dedicated to the outdoor storage of registered motor
vehicles which may be at ground level, below ground, and/or above
ground. Such use shall be devoted to the parking of passenger cars
and shall specifically exclude unregistered motor vehicles and trucks
registered over one ton.
For the purposes of this chapter, an off-street parking space
shall consist of a space adequate for parking an automobile with room
for opening doors on both sides, together with properly related access
to a public or private street, access drive or alley and maneuvering
room. Required off-street parking areas for three or more automobiles
shall have individual spaces marked and shall be so designed, maintained
and regulated that no parking or maneuvering incidental to parking
shall be on any public or private street, access drive, walk, or alley,
and so that any automobile may be parked without moving another.
[Amended 6-5-2007]
A large area of land where animals feed on the grass.
[Added 5-20-2014, effective 6-20-2014]
A business substantially devoted to the sale of pharmaceutical
items, supplies, and equipment such as prescription drugs.
[Added 7-20-2017]
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 site. For the purposes
of this chapter, pre-site-built housing shall not include manufactured
housing as defined herein.
A building or use which houses or constitutes the principal
activity on the premises. This shall also include the principal building.
[Added 7-20-2017]
A commercial printing operation involving a process that
is considered printing, imprinting, reproducing, or duplicating images
and using printing methods including but not limited to off-set printing,
lithography, web offset, flexographic and screen process printing.
[Added 4-15-2021]
Any school which is not a public educational facility and
is not a nursery school, such as a private school offering education
for students in any grades K through 12, colleges and universities.
Any private educational facility shall be subject to the change in
use process, site plan determination, or site plan review as determined
by the Planning Department. A private educational facility shall not
be permitted in the Industrial District(s) unless it is accessory
and incidental to another permitted business.
[Added 6-4-2013, effective 7-4-2013; amended 7-7-2015,
effective 8-6-2015]
An activity that substantially and unreasonably interferes
with the use and enjoyment of another's property. An activity must
cause harm that exceeds customary interferences and be an appreciable
and tangible interference with a property interest.
[Added 5-7-2020]
Seasonal sale of flowers, garden supplies, or agricultural
produce designed to serve customers principally traveling by automobile.
The act of creating a whole by the bringing together of the
various parts, elements and ingredients that make up the finished
item.
[Added 7-20-2017]
Offices for lawyers, engineers, planners, architects, attorneys,
insurance, real estate or investment agencies or any similar type
of licensed profession. Such uses may occur as home occupations but
only in accordance with specific requirements relating to home occupations
set forth in this chapter or in the Land Development Control Regulations.[7]
[Added 1-7-2011; amended 5-14-2012, effective 6-14-2012; 6-16-2015, effective 7-16-2015]
See "public uses, education."
[Added 7-20-2017]
An unreasonable interference with a right common to the general
public. It is behavior which substantially and unreasonably interferes
with the health, safety, peace and comfort of the general community.
[Added 5-7-2020]
Uses by agencies and departments of local, county, state
and federal governments, including:
Cemetery: May include burial ground, mausoleum,
cemetery vaults and necessary maintenance structures.
Education: Includes such functions as elementary,
middle, junior high and high schools, college, vocational or technical
school, kindergarten, and similar educational institutions.
Institution: Public facilities primarily engaged
in public services such as health and research.
Office: Includes such functions as office, laboratory,
library, post office, clinic, assembly and court.
Public safety: Includes such functions as fire,
police, rescue, and ambulance services.
Public water and public sewer: Water supply
and sewage disposal systems approved by the Town for municipal operation.
Recreation: Includes such functions as recreation
center, senior citizens center, gymnasium, auditorium, and outdoor
recreation facilities such as play fields, tennis courts and golf
courses.
Service: Includes such functions as garage,
warehouse, vehicular repairs, outside storage for vehicles and supplies,
and similar uses.
Waste treatment: Includes areas or structures
for disposal of sewage, solid waste and garbage under the control
of a governmental unit, including incinerators, sewage treatment plants,
and similar methods of disposal.
Wastewater treatment: The process, either public
or private, of cleaning water which carries wastes from homes, businesses
and industries that is a mixture of water and dissolved or suspended
solids, in association with required water purification standards.
Such use shall include all necessary functions of wastewater treatment,
with the exception of storage of sludge and other waste materials.
Buildings, structures and facilities, including generating
and switching stations, poles, lines, pipes, pumping stations, repeaters,
antennas, transmitters and receivers, valves and all buildings and
structures relating to the furnishing of utility services such as
electric, gas, telephone, communications, water, sewer and public
transit, to the public.
[Added 7-20-2017]
Includes printing and related types of operations.
An installation consisting of one or more transmitters or
receivers, etc., used for radio communications. See also "wireless
communications facilities."
[Added 6-4-2013, effective 7-4-2013]
Parks, playgrounds and motorized recreation such as off-highway
recreational vehicles (OHRVs), boats, and the like.
[Added 5-7-2015]
Outdoor recreational activities, including such facilities
as outdoor tennis courts, swimming pools, golf courses, play fields,
and similar uses. No buildings shall be allowed except for the necessary
related uses, such as rest rooms and maintenance facilities.
Land set aside for the recreational use, passive or active,
of residents or community members.
[Added 5-7-2015]
Activities such as cross country skiing, hiking and bird
watching.
[Added 5-7-2015]
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled,
or handled, including but not limited to scrap metals, paper, rags,
tires, and bottles and other such materials.
[Added 7-20-2017]
The removal of loam, sand, gravel, stone or other fill material
for sale in commercial quantities or for use in another location.
Any construction which replaces materials and does not change
the external structural part, height, number of stories, size, use
of, or location of a structure.
[Added 7-20-2017]
One whose profession is to service equipment, appliances,
structures, etc., that are broken, nonfunctioning or improperly functioning
for the purpose of correcting defects or deficiencies and restoring
them to working order.
[Added 7-20-2017]
A combination of office and laboratory or light manufacturing
space used exclusively for the purpose of new product research or
development. The limitations set forth in the definition of "research
lab" shall otherwise apply to research and development facilities.
A use that provides for experimental study, and is not of
a manufacturing nature, and at least 50% of the floor space shall
be used for office space, and no activities shall result in heavy
trucking.
A building or other structure used principally to provide
refreshments or meals to the public for consumption principally on
the premises. This includes a diner, cafe and cafeteria, tea room
and the like, and shall not include drive-in restaurants. It shall
be an eating establishment which is primarily designed for its patrons
to eat at tables, booths or a counter. Takeout refreshments are only
incidental to the main purpose of the establishment. The service of
alcoholic beverages to patrons seated at tables or at a bar as an
appurtenance of a meal, or while waiting to be seated for a meal,
shall be considered a use which is customarily incidental to the use
of a full-service restaurant.
[Amended 5-14-2012, effective 6-14-2012[8]]
A building used principally to dispense prepared food and/or
beverages to the public for consumption on or off premises, the major
attributes of which are assembly-line production 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.
[Added 5-14-2012, effective 6-14-2012]
A structure and/or lot used principally for the sale of products
to the public or at wholesale, such as grocery, drug store, general
merchandise store, bookstore, department store, or distributor of
goods/products and the like. This shall exclude any freestanding retail
stand, motor vehicle repair service, new and used car sales and service,
trailer and mobile home sales and service, and commercial service.
Outdoor storage of goods shall be governed by the Land Development
Control Regulations of the Town of Derry.[9] This definition does not include a sexually oriented business.
[Added 5-14-2012, effective 6-14-2012]
An establishment where horses are boarded and cared for and
where instruction in riding, jumping, and showing is offered, and
where horses may be hired for riding.
[Added 7-20-2017]
See "lodging house."
[Added 7-20-2017]
Travel agent's office. See "retail sales establishment."
[Added 6-4-2013, effective 7-4-2013]
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale and exclusive of the process
of grading a lot preparatory to the construction of a building for
which application for a building permit has already been made.
[Added 7-20-2017[10]]
A building or group of buildings divided into separate compartments
which may be leased or rented, used to meet the temporary storage
needs of small businesses, apartment dwellers and other residential
uses, and may include climate-controlled facilities.
[Added 6-1-2018]
An organization or group that is partially but not entirely
open to the use of the public or that is partially but not totally
owned by the government, as in a semipublic utility company.
[Added 7-20-2017]
The area adjacent to a building entrance, usually in the
rear, through which supplies are received and waste materials are
moved.
The horizontal distance measured between the front, side
or rear lot line and the closest point of any building or structure
contained on the lot.
[Added 7-20-2017]
The total of organic waste and wastewater generated by residential,
industrial, commercial, institutional, or other establishments.
[Added 7-20-2017]
Any and all businesses described in § 165-27 of this chapter.
Any device having a display surface on one or both sides
to inform or attract the attention of persons not on the premises
on which the sign is located; provided, however, that the following
shall not be included in the application of the regulations contained
herein:
Signs not exceeding one square foot in area
and bearing only property numbers, post office box numbers, names
of occupants of premises, or other identification of premises.
Flags and insignia of any government except
when displayed in connection with a commercial promotion.
Legal notices and identification, informational,
or directional signs erected as required by governmental bodies.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising.
Any sign that does not display a visibly legible message for a consecutive period of 60 days; any sign the owner of which cannot be located at the owner's last address as reflected in the records of the department; or any sign no longer fully supported by the structure designed to support the sign, for a consecutive period of 60 days. Also refer to § 165-101.9, Nuisance signs. This does not include signs for businesses that are undergoing permitted renovations or that operate seasonally.
[Added 2-7-2014]
A sign that is attached to a building wall.
A temporary sign of lightweight material (paper, plastic
or fabric) hung either with or without frames, including inflatable
"tube men" or other inflatable-type signs. Flags and insignias containing
only markings of any government, corporation or business are not considered
to be banners.
[Added 7-15-2021]
A sign that has advertising or information projected onto
it, typically by technological means. This includes electronic signs.
[Added 2-7-2014]
A sign on private property without a commercial message that
provides direction, for example, entrances, exits, or street numbers.
[Added 2-7-2014]
A sign that advertises an organization or an organization's
event that does not advertise the particular use of the lot on which
the event is to be held.
[Added 6-2-2017]
An on-premises sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, the installation of which is subject to the provisions of § 165-101.11, Electronic message center signs.
[Added 2-7-2014]
A sign that has varying degrees of intensity when in use and/or which exhibits changes in light, color, light direction, and/or animation. Electronic message center signs properly operating in accordance with the provisions of § 165-101.11 are not considered flashing signs.
[Amended 4-19-2005; 1-7-2014]
A sign which is not attached or affixed to a structure or
building and which is supported by a pole/s or its supporting members.
A sign authorized by this municipality, another government
agency, the State of New Hampshire or the federal government. This
includes historical, cultural or natural site signs.
[Added 1-7-2014]
A sign supported by one or more uprights, pylons, or foundation
elements, including wheel-mounted (other than on motor vehicles),
in or upon the ground, and not attached to a building.
[Added 1-7-2014]
A sign that displays a menu that allows a person to touch
the screen and respond to the menu's questions.
[Added 1-7-2014]
A sign that is erected on a solid base placed directly on
the ground and itself being constructed of a solid material.
A sign in place before the effective date of this article
that does not comply with all of the requirements of the ordinance.
[Added 1-7-2014]
Signs of a noncommercial nature erected by or on behalf of
government entities or public utilities.
[Added 1-7-2014]
A sign advertising products, services and activities not
produced, available, conducted or performed on the property where
the sign is located.
[Added 1-7-2014]
A sign that advertises products, services, or activities
that are produced, available, conducted or performed on the property
where the sign is located.
[Added 7-15-2021]
A sign located on a parapet wall (regardless of the height
of that wall).
The Town's authorization for a sign, as issued by the Code
Enforcement Office.
[Added 1-7-2014]
Signs erected in connection with elections or political campaigns
pursuant to RSA 664:14-23.
[Added 1-7-2014]
A sign affixed to any part of a building or structure which
extends beyond the building or structure by more than 12 inches.
[Amended 1-7-2014]
A sign at the entrance of a residential neighborhood identifying
the neighborhood.
[Added 1-7-2014]
Any sign that is:
A self-supporting, freestanding ground sign, hinged at the
top and reinforced for stability with side supporting rods/chain/rope,
which is portable and temporary in nature. Sandwich board signs shall
not exceed four feet in height and two feet in width.
[Added 2-7-2014]
A sign for limited on-site gatherings. "Special event" shall
include, but is not limited to, grand openings, vehicle shows, displays,
craft shows, charitable benefits and fund-raisers, performances, athletic
competitions, and festivals.
[Added 2-7-2014]
The surface of a sign shall be computed as including the
entire area within a regular geometric form, or combinations of regular
geometric forms, comprising all of the display area of the sign, and
including all of the elements of the matter displayed. Frames and
structural members not bearing advertising matter shall not be included
in the computation of the surface area.
A sign that is used in connection with a circumstance, situation,
or event that is designed, intended, or expected to take place or
to be completed within a reasonably short or definite period of time
after the erection of the sign, or a sign that is intended to remain
on the location where it is erected or placed for a reasonably short
or definite period of time after the erection of the sign, not to
exceed seven days. If the sign display area is permanent but the message
displayed is subject to periodic changes, that sign shall not be regarded
as a temporary sign.
[Amended 2-7-2014]
A temporary sign customarily located on a trailer or similar
wheeled apparatus, whether self-propelled or pulled by another vehicle,
intended for promotional purposes or to convey an advertising message
of any kind, which is not permanently affixed to the ground.
Any sign that poses a health, safety or general welfare hazard
due to lack of maintenance, structural instability, inadequate attachment
to the building or structure, faulty electrical wiring, has the potential
to pose or cause a traffic hazard, or other natural or man-made cause.
[Added 2-7-2014]
A sign attached to, painted upon, placed against, or supported
by the exterior surface of any building.
[Added 2-7-2014]
A sign exclusively devoted to warning the public of dangerous
conditions and unusual hazards such as dropoffs, high voltage, fire
danger, and explosives.
[Added 2-7-2014]
Illuminated and nonilluminated signs placed in the windows
of a structure, viewed or intended to be viewed from outside the structure.
Such signs are considered part of the total sign area for that frontage.
[Amended 2-7-2014]
A continuous area of land, including a lot or lots or a portion
thereof, upon which a project is developed or proposed for development.
[Added 7-20-2017]
A wind energy conversion system consisting of a wind turbine,
a generator, a tower and associated control or conversion electronics,
which has a rated capacity of 100 kilowatts or less and will be used
primarily for on-site consumption.
[Added 7-20-2017]
A structure and/or lot used primarily for clubs of a fraternal,
social or nonprofit nature, to provide a meeting place and/or conduct
the business of said club. See "membership club."
[Added 7-20-2017]
A specific enumerated use of a building or lot which may
be permitted under this chapter only upon application to the Board
of Adjustment and subject to the approval of the Board in accordance
with the conditions pertinent thereto, and only in cases where the
words "special exception" in this chapter pertain.
The business of accepting wagers on any sports event by any
system or method of wagering.
[Added 2-27-2020]
Cash or cash equivalent paid by an individual to participate
in sports wagering.
[Added 2-27-2020]
Wagering on any sporting events or any portion thereof, or
on the individual performance statistics of athletes participating
in a sports event, or combination of sports events, by any system
or method of wagering, including but not limited to in-person communication
and electronic communication through internet websites accessed via
a mobile device or computer and mobile device application. The term
"sports wagering" shall include, but not be limited to, single game
bets, teaser bets, parlays, over-under bets, money line bets, pools,
exchange wagering, in-game wagering, in-play bets, proposition bets,
and straight bets.
[Added 2-27-2020]
Services involving the temporary keeping of livestock for
slaughter, market or shipping. Typical uses include stockyards and
animal sales in auction yards.
[Added 7-20-2017]
Right-of-way line of a street as dedicated by subdivision
plat or a deed of record. Where the width of the street is not established,
the street line shall be considered to be 25 feet from the center
line of the street pavement or as designated in the Master Plan.
Any vehicular right-of-way which the Town or state has no
duty to maintain and that: (1) is a privately owned and maintained
roadway; (2) is shown upon a plan approved pursuant to NH RSAs; (3)
is shown on a plan duly filed and recorded in the Office of Rockingham
County Registry of Deeds; or (4) is approved by any other official
action of the Town of Derry. A road contains all the land within the
right-of-way. As used herein, "road" has the same meaning as "street."
[Added 6-5-2007]
A public right-of-way which the Town or state has the duty
to maintain regularly or a public right-of-way shown on a subdivision
plat approved by the Planning Board, recorded with the County Registry
of Deeds, constructed to Town specifications, and duly accepted by
the municipality, which provides the principal means of access to
abutting property. As used herein, "road" has the same meaning as
"street."
[Amended 6-5-2007]
Anything constructed or erected having a fixed location on
the ground, or attached to something having a fixed location on the
ground. Structures include, but are not limited to, buildings, kennels,
swimming pools, billboards, and poster panels. It shall not include
minor installations such as fences less than 3 1/2 feet high,
agricultural and safety fences, mail boxes, and flagpoles.
[Amended 5-20-2014, effective 6-20-2014]
The division of the lot, tract, or parcel 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. The division of a parcel of
land held in common and subsequently divided into parts among the
several owners shall be deemed a subdivision.
An establishment containing one or more broadcasting studios
for over-the-air, cable or satellite delivery of radio or television
programs, or studios for the audio or video recording or filming of
musical performances, radio or television programs or motion pictures.
This term does not include a transmission tower.
[Added 7-20-2017]
A sports wager that is placed before the start of the sports
event and is determined solely by the final score or final outcome
of that single sports event.
[Added 2-27-2020]
In-play sports wager.
[Added 2-27-2020]
A sports wager that is neither a Tier I nor a Tier II wager.
[Added 2-27-2020]
Any owner-occupied dwelling (other than a hotel or motel)
in which living accommodations, with or without kitchen facilities,
are offered to the traveling public for rental to 10 or fewer transient
guests, none of whom shall stay for more than fourteen days in any
calendar year. This term shall include bed-and-breakfasts but shall
not include lodging houses or rooming houses or apartment houses.
[Amended 3-18-2003]
A terminal or station where transport vehicles load or unload
passengers or goods. This includes bus, shuttle and livery service
depots, trolley stations and the like.
[Added 6-16-2015, effective 7-16-2015]
A person engaged in selling and arranging transportation,
accommodations, tours or trips for travelers.
[Added 6-16-2015, effective 7-16-2015]
A vehicular, portable, non-self-propelled structure built
on a chassis, designed to be used as a temporary dwelling for travel,
recreational, and vacation uses, having a body width not exceeding
eight feet and a body length not exceeding 32 feet.
A facility for transfer of merchandise and the repair, maintenance,
and servicing of tractor trucks and trailers used for the transportation
of such merchandise.
Use specifically allowed in a zoning district, excluding
illegal uses and nonconforming uses.
A building and/or other structure, owned and/or operated
by a public utility, which is principally used for sheltering, mounting,
and/or supporting utility equipment, machinery or the like, including
electric relay or generating, telephone switching, sewage pumping
stations or the like, but not including the transmission lines for
gas, electrical, telephone, etc.
[Added 7-20-2017]
Any agency that, under public franchise or ownership, or
under certificate of convenience or necessity, or by grant of authority
by a government agency, provides the public with electricity, gas,
heat, steam, communication, transportation, water, sewage collection,
stormwater collection, or similar service, deemed necessary for the
public health, safety and welfare.
[Added 7-20-2017]
Such departure from the terms of this chapter as the Board
of Adjustment, upon appeal in specific cases, is empowered to authorize
only under applicable statutes of the State of New Hampshire.[11]
Any area of land, including the structures thereon, that
is used for the supply of gasoline or oil or other fuel for the propulsion
of motor vehicles and which may include facilities used for polishing,
greasing, washing, spraying, dry cleaning, mechanical repairs, or
otherwise cleaning or servicing such motor vehicles. A service station
is not a vehicular sales or repair facility as defined herein.
A fully enclosed building used for bulk storage of goods
and merchandise, including bulk sales outlets.
[Amended 6-1-2018]
Areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal conditions do support, a prevalence of vegetation typically
adapted for life in saturated soils conditions. They include, but
are not limited to, swamps, bogs, marshes, ponds, and lakes, as well
as soils that are defined as poorly or very poorly drained.
[Added 7-20-2017]
A use which constitutes the sale of goods in quantity, usually
for resale.
[Added 5-14-2012, effective 6-14-2012]
Any towers, poles, antennas or other structures intended
for use in connection with transmission or receipt of radio or television
signals, or any other electromagnetic spectrum-based transmission/receptions,
including cell towers. This definition shall not include towers or
antennas that are less than 25 feet in height from the ground and
which are accessory to a principal use, nor shall this definition
include antennas used exclusively in the amateur radio services or
antennas otherwise permitted by federal or state preemption.
[Amended 5-14-2012, effective 6-14-2012]
See "artist."
[Added 7-20-2017]
Pursuant to NH RSA 674:58, housing which is intended for
sale and which is affordable to a household with an income of no more
than 100% of the median income for a four-person household for the
metropolitan area or county in which the housing is located, as published
annually by the United States Department of Housing and Urban Development.
"Workforce housing" also means rental housing which is affordable
to a household with an income of no more than 60% of the median income
for a three-person household for the metropolitan area or county in
which the housing is located, as published annually by the United
States Department of Housing and Urban Development. Housing developments
that exclude minor children from more than 20% of the units, or in
which more than 50% of the dwelling units have fewer than two bedrooms,
shall not constitute workforce housing for the purposes of this definition.
[Added 7-20-2017]
That portion of a lot not occupied by a building or structure.
Porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required yard.
Yard between the front lot line and the front of a building
extended to the side lot lines of the lot. The depth of the front
yard shall be measured from the street line to the front line of the
building.
Yard between the rear lot line and the rear line of a principal
or accessory building extended to the side lot lines of the lot. The
depth of the rear yard shall be measured from the rear lot line to
the rear line of the building.
The sale of excess items by a family from its residence to
customers coming to the residence to view and purchase the items.
It shall include garage, lawn, attic, tag and porch sales and similar
expressions intending to convey such type of sales.
Yard between the principal building or accessory building
and a side lot line and extending through from the front yard to the
rear yard.
[2]
Editor's Note: The former definition of "commercial recreation
building," which immediately followed this definition, was repealed
7-7-2015, effective 8-6-2015.
[3]
Editor's Note: The former definition of "contractor's yard"
was repealed 5-14-2012, effective 6-14-2012.
[4]
Editor's Note: The former definition of "drive-in restaurant
or refreshment stand," which immediately followed, was repealed 5-14-2012,
effective 6-14-2012.
[6]
Editor's Note: The former definition of "nuisance," added
5-20-2014, which immediately followed this definition, was repealed 5-7-2020. See now the
definitions of "private nuisance" and "public nuisance."
[8]
Editor's Note: This ordinance also repealed the former definitions
of "restaurant, full-service," added 6-15-2004, and "retail store,"
both of which immediately followed.
[10]
Editor's Note: The former definition of "self-storage unit,"
added 7-20-2017, and which immediately followed this definition, was
repealed 6-1-2018. See now the definition of " self-storage facilities."
[11]
Editor's Note: The former definition of "vehicular sales or
repair facility," which immediately followed, was repealed 5-14-2012,
effective 6-14-2012.
