[Amended 2-27-2007 by Ord. No. O-06-51; 9-8-2009 by Ord. No. O-09-66; 4-13-2010 by Ord. No. O-10-13; 10-22-2013 by Ord. No. O-13-050; 8-8-2017 by Ord. No. O-17-036; 12-11-2018 by Ord. No. O-18-019; 12-23-2025 by Ord. No. O-25-076]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED SIGNThe cessation of the use of a sign as indicated by the visible or otherwise apparent intention of an owner to discontinue the use of a sign and/or structural framework; or the removal of the characteristic equipment or furnishing of the sign, without its replacement by similar equipment or furnishings; or the replacement of a nonconforming sign with a conforming sign.
ABANDONMENTThe discontinuance of a use or structure for a continuous period of at least one year in any residential zoning district, or at least two years in any nonresidential zoning district. See §
190-122.
Adjoining or directly across the street or a stream.
Comment: Compare "contiguous." Properties adjoining at a common property line are both abutting and contiguous. However, a property lying across the street from another property is considered abutting, but not contiguous, to that property. |
An officer of the City appointed by the Mayor subject to confirmation of the Board of Aldermen pursuant to §
190-235. The term "Administrative Officer" shall also include the designees of the Administrative Officer.
Copy, symbols or wording on a sign describing products or services being offered to the public.
AER REPORTThe report entitled Analysis of Development Impact Fees in Nashua, October 1994, prepared by Applied Economics Research, Inc. See §
190-73.
A minor right-of-way not intended to provide the primary means of access to the abutting lots, which is used for vehicular service access to the back or sides of properties otherwise abutting on a public street.
ALTERATIONAny change or rearrangement in structural parts or exit facilities or an enlargement, whether by extending on a side or by increasing in height.
ANIMATED SIGNAny sign which includes action or motion, such as changing electronic sign or electronic message center. For purposes of this article, this term does not refer to flashing, changing or indexing.
ANTENNAAny structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.
Comment: Excluded from the regulations enacted by Ord. No. 0-97-185 are antennas for television and radio reception, antennas used in the amateur radio service, antennas used for municipal, state, or federal emergency service, and any tower used exclusively for such antennas, or that part of any towers used partially or principally for those antennas. |
Any application for approval of a building permit, certificate of occupancy, rezoning, conditional use permit, variance, special exception, subdivision plan, site plan, or any other permit or decision required by this chapter.
ARCADEAn area contiguous to a street or plaza that is open and unobstructed to a height of not less than 12 feet, which is supported on one side by columns or piers, and which is accessible to the public at all times. The term "arcade" does not include off-street loading areas, driveways, or off-street parking area. The floor of any arcade shall be level with the adjoining street or plaza.
ARCADE, INTERNALA street arcade that fronts on and adjoins a plaza or other space internal to a building lot rather than the front lot line.
AREA, SIGNThe space, on the largest single face of a sign, within and including a perimeter which forms the outside shape of a sign. Where signs are established back to back the larger face shall be calculated for purposes of determining allowable area. The space of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in a flat projection for the purpose of computing sign area.
AREA OF SHALLOW FLOODINGA designated AO Zone on the Flood Insurance Rate Map (FIRM) with a one-percent or greater annual possibility of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. See §
190-62.
The land in the floodplain within the City of Nashua subject to one-percent-or-greater possibility of flooding in any given year. The area is designated as Zones A, AO, and AE on the Flood Insurance Rate Map. See § 190.
ARTERIAL STREET(See §
190-207E, Table 207-1.) Includes the following:
A. Any "principal arterial." A "principal arterial" provides corridor movement suitable for substantial statewide or interstate travel and provides continuity for all rural arterials that intercept the urban area, serves the major traffic movements within urbanized areas such as between central business districts and outlying residential areas, between major intercity communities, or between major suburban centers, and serves a major portion of the trips entering and leaving the urban area, as well as the majority of the through traffic desiring to bypass the central City.
Any "minor arterial." A "minor arterial" serves trips of moderate length at a somewhat lower level of travel mobility than principal arterials, provides access to geographic areas smaller than those served by the higher system, and provides intracommunity continuity, but does not penetrate identifiable neighborhoods.
AWNINGA shelter of canvas, metal or similar material extending over a doorway or window to provide shelter from natural elements.
AWNING SIGNA sign painted on or attached flat or flush against the surface of the awning, but not extending above, below or beyond the awning or attached to the underside. See §
190-97.
The total area of a sign face on which copy could be placed, often referenced in connection with wall signs.
BANNER SIGNA temporary sign of lightweight material (paper, plastic or fabric) hung either with or without frames. See §
190-99.
A sign constructed of lightweight material (paper, plastic or fabric) attached by means of rigid frames to a pole in a permanent or semipermanent fashion. See §
190-99.
The flood having a one-percent possibility of being equaled or exceeded in any given year. See §
190-62.
That portion of a building that is partly or completely below grade.
BED-AND-BREAKFASTAn establishment operating primarily in a single-family detached dwelling, or a building designated on the National Register of Historic Places and originally devoted to another use, that supplies temporary accommodations to overnight guests for a fee.
BUFFERAn area of land separating distinct zoning districts or land uses that acts to soften or mitigate the effects of one land use on the other.
BUILDINGA combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property.
BUILDING, ACCESSORYA detached 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.
BUILDING AREAThe aggregate of the maximum horizontal cross-section area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces, expressed as a percentage of total lot area.
BUILDING, ATTACHEDA building having any portion of one or more walls in common with adjoining buildings.
BUILDING, DETACHEDA building having open space on all sides, and that is not an attached building.
BUILDING FRONTAGEThe linear length of a building parallel to or closely facing the right-of-way.
BUILDING, PRINCIPALA building that contains the principal use of the lot on which it is located.
BULLETIN BOARD SIGNA sign erected by a charitable, educational or religious institution or a public body, which is erected upon the same property as such institution, for purposes of announcing events which are held on the premises of such institution. See §
190-96.
The minimum diameter of a tree measured six inches above the ground for trees up to and including four inches in diameter and 12 inches above the ground for trees having a larger diameter.
CAMPERA temporary dwelling for travel, recreation and vacation use including:
A. TRAVEL TRAILERA vehicle which is towed, identified by the manufacturer as a travel trailer, built on a chassis eight feet or less wide and 30 feet or less in length and designed to move on a highway.
PICKUP COACHA structure designed to be mounted on a truck chassis or cut-down car.
MOTOR HOMEA self-propelled vehicle with a dwelling constructed as an integral part of the vehicle.
CAMPING TRAILERA canvas or other foldable structure built on a chassis with wheels and designed to move on the highway.
CANOPY (or MARQUEE)A permanent roof-like shelter extending from part or all of a building face over a public or nonpublic right-of-way and constructed or a durable material such as metal, glass or plastic.
CANOPY OR MARQUEE SIGNAny sign attached to or part of a canopy or marquee. A canopy or marquee is a permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of a durable material such as metal, glass or plastic. See §
190-98.
A portion of a building, partly or entirely below grade, which has more than 1/2 of its height measured from finished floor to finished ceiling, below the average established finished grade of the ground adjoining the building. A cellar is not deemed a story. See also "basement."
CERTIFICATE OF OCCUPANCYA statement signed by the Administrative Officer, setting forth either that a building or structure complies with this chapter or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
CHANGEABLE COPY SIGN (MANUAL)A sign that is designed so that the message, characters, letters or illustrations can be manually (as opposed to electronically) changed or rearranged without altering the face or the surface of the sign. (Also see "changing sign," "electronic message center," "temporary sign" and "portable sign.")
CHARITABLE AND PUBLIC SERVICE SIGNSA sign used for the purpose of publicizing a fund-raising event for a nonprofit agency or established to provide information for the purpose of the public's welfare such as a community event, parade or festival.
CHICKENThe common domestic fowl, Gallus Domesticus.
CO-LOCATIONLocating additional antennas on an existing communications tower or other site where one or more antennas are already present.
COLLECTOR STREETA street that collects traffic from local roads and channels it into the arterial system, and provides land access and traffic circulation within residential neighborhoods, commercial and industrial area. See §
190-207E, Table 207-1.
A series of regularly spaced columns that support an entablature. A colonnade may also support a roof structure.
COMMERCIAL USEAny use listed within the "commercial" classification in the Use Matrix (§
190-15, Table 15-1).
Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
COMMITTED DEVELOPMENTProposed development pursuant to any approved, but unbuilt, conditional plan or site plan.
COMMON OPEN SPACEActive or passive open space specifically reserved for common use and enjoyment by a homeowners' association condominium, and restricted only for such recreational and conservation uses as tot-lot, park, playground, playfield, swimming, golf course and conservation area.
COMMON OWNERSHIPOwnership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
COMMUNICATIONS TOWERAny ground or roof-mounted pole, spire, structure, or combination thereof higher than 50 feet freestanding or 20 feet from the tower's point of contact with a roof or water tank, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.
Comment: Excluded from the regulations enacted by Ord. No. 0-97-185 are antennas for television and radio reception, antennas used in the amateur radio service, antennas used for municipal, state, or federal emergency service, and any tower used exclusively for such antennas, or that part of any towers used partially or principally for those antennas. |
A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
COMMUNICATIONS TOWER, SINGLE-USERA tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter.
CONTRACTOR JOB SIGNA temporary sign that provides information about active on-site construction work including the name(s), address(es), and phone number(s) of principal contractor(s), architect(s), landscape architect(s), engineer(s) and/or and lending institution(s).
CONVENIENCE STOREAny retail establishment whose principal activity is offering for sale prepackaged food products, household items, newspapers and magazines, and freshly prepared foods, such as salads or sandwiches, for off-site consumption. A convenience store does not include retail dispensing or sales of vehicular fuels as an accessory use.
Comment: Compare definition of "multi-use gas station/convenience store." |
The wording or message on a sign surface in either permanent or temporary (removable/changeable) letter, electronic, or organic form.
COPY AREAThe area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. When referring to a wall sign or facia sign, the copy area refers to the actual message or total area within a border or area highlighted within a contrasting background, not to the illuminated background. Also see "area, sign."
COURTYARDA pedestrian arcade, patio, promenade, or mall, whether covered by a roof or not, within or between any structure or buildings upon which the principal or main entrance to one or more retail businesses therein are located. A courtyard does not include buildings with one or more retail businesses having their principal or main entrance off and adjacent to a parking lot or parking facility and with no direct public access to any public street or alley.
CRITICAL AREASDisturbed areas of any size within 50 feet of a stream, bog, water body, or poorly or very poorly drained soils; disturbed areas exceeding 2,000 square feet in highly erodible soils; or disturbed areas containing slope lengths exceeding 25 feet on slopes greater than 15%.
DAY CARE, FAMILYAny "family day-care home" or a "family group day-care home" as defined in RSA § 170-E:2.
DENSITYThe number of dwelling units within a designated land area. For purposes of this chapter, "density" means gross density unless otherwise provided.
DENSITY, GROSSThe number of dwelling units divided by the total land area subject to an application for development approval, stated as dwelling units per gross acre.
DENSITY, MAXIMUMThe maximum number of permitted densities where indicated in this chapter, stated as gross density unless otherwise indicated.
DENSITY, MINIMUMThe minimum number of dwelling units that must be constructed where indicated in this chapter, stated as gross density unless otherwise indicated.
DENSITY, NETThe number of dwelling units divided by the net developable area. The "net developable area" means the land area of the site after deducting unbuildable areas including street rights-of-way, parks or open space required by Article
XXV and areas restricted from development pursuant to Article
XXV stated as dwelling units per net acre.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. See §
190-62.
A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the zoning district in which the property is located. See §
190-120A.
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
DIRECTIONAL SIGNA sign that is necessary for on-site public safety and convenience. Examples include signs located next to a driveway and reading "in," "out," "entrance," "parking," or "exit." See §
190-100.
An area where the natural vegetation has been removed exposing the underlying soil, or vegetation has been covered.
DRIVE-IN EATING ESTABLISHMENTA commercial establishment wherein food is usually served to and consumed by patrons while they are seated in parked cars.
DRIVEWAYA private, vehicular access connecting a house, carport, parking area, garage, or other buildings to the street.
DRIVEWAY APPROACHA way or place including paving and curb returns between the street travel lanes and private property that provides vehicular access between the street and such private property.
DUPLEXSee "dwelling, two-family."
DWELLING (or DWELLING UNIT)One or more rooms providing complete living facilities for one family, including kitchen facilities or equipment for cooking or provisions for the same, and including room or rooms for living, sleeping, bathing and eating.
DWELLING UNIT, ACCESSORYA second dwelling unit contained within, attached to, or detached from a single-family dwelling on the same lot.
DWELLING, TWO-FAMILY (DUPLEX)A structure consisting either of two separate dwelling units on separate floors; or of two separate dwelling units connected and separated by a common wall connecting living spaces, perpendicular to the longest dimension of the structure, and having a common length equal to at least: (i) 90% of the widest part of each structure measured perpendicular to the longest dimension, if the longest dimensions are parallel; or (ii) 90% of the widest part of one unit measured perpendicular to the longest dimension, and 50% of the longest dimension of the other unit, if the longest dimensions are perpendicular to each other.
DWELLING, THREE-FAMILY (TRIPLEX)A detached house designed for and occupied exclusively as the residence of not more than three families, each living as an independent housekeeping unit. A triplex is a form of multifamily dwelling.
DWELLING, FOUR-FAMILY (QUADRUPLEX)A detached house with common walls between the units, designed for and occupied exclusively as the residence of not more than four families, each living as an independent housekeeping unit. A quadruplex is a form of multifamily dwelling.
DWELLING, MULTIFAMILYA dwelling or group of dwellings on one lot containing separate living units for three or more families, but which may have joint services or facilities. Triplexes (three-family dwellings) and quadruplexes (four-family dwellings) are considered multifamily dwellings.
EFFECTIVE IMPERVIOUS AREA (EIA)Impervious area that is directly connected to wetlands, waterways or water bodies, not including man-made ponds for the purpose of stormwater management.
EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS)A multilayered exterior wall system consisting of the following components:
A. Insulation board constructed of, made of polystyrene or polyisocyanurate foam secured to the exterior wall surface with an adhesive and/or mechanical attachment;
A water-resistant base coat applied on top of the insulation and reinforced with fiberglass mesh; and
A finish coat consisting of acrylic co-polymer materials.
ELECTRONIC AWNING SIGNA fireproof space frame structure with translucent covering designed in awning form, but whose purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local Electrical Codes.
ELECTRONIC MESSAGE CENTER(Also known as an "electronic changing sign, time, temperature, date and message centers; boards; or indexing signs." Also see "flashing sign.") A sign that is either electronically or electrically controlled to illustrate different copy changes on the same sign. This sign's message may be changed by electronic switching or automatic switching of lamps or alteration in the level of illumination or other illumination source to form words, letters, designs, figures, numerals and pictures often through the apparent vertical or horizontal movement of light.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
ESSENTIAL SERVICESServices provided by public utility or governmental agencies through erection, construction, alteration or maintenance of gas, electrical, telephone, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems, whether underground or overhead. Facilities necessary for the provisions of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, pumping stations and other similar equipment and accessories in connection therewith. Specifically excluded from this definition are buildings necessary for the furnishing of adequate service by such public utility or governments agencies for the public health, safety or general welfare.
ESTABLISHTo attach, alter, build, construct, reconstruct, enlarge, move, hang, place, suspend, affix, erect, manufacture, and includes the painting of wall signs, but does not include copy changes on any permitted sign.
EVENTAn activity that occurs only during a designated time period scheduled in advance. An event may include a grand opening, election, a grand opening of a completely new business, the grand opening of a business that has relocated, the remodeling of an existing business (that requires a building permit), a cultural, sporting, carnival or other transitory event, or similar event.
EXISTINGThe conditions, features or other characteristics of a building, structure or use that exists as of the effective date of this article or, for a zoning district, the date of any rezoning.
FACE OF SIGNThe entire area of the sign on which copy could be placed. Also see "copy area" and "area."
FEMAThe Federal Emergency Management Agency. See §
190-62.
Any standard contained in Chapter
156 of the City Code or the Fire Code adopted by Chapter
156 of the City Code.
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLASHING SIGNA flashing sign contains an intermittent light source or includes the illusion of intermittent light by means of animation or an externally mounted intermittent light source.
FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source. See §
190-62.
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
FLOOD INSURANCE RATE MAP (FIRM)The official maps incorporated with this chapter, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Nashua. See §
190-62.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide or flood-related erosion hazards. See §
190-62.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents. See §
190-62.
The sum of the gross horizontal area or the several floors of a building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or for commercial and/or industrial use, or malls within a shopping center utilized purely for pedestrian circulation and/or decorative purposes between individual shops of the center.
FOOTCANDLEA unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one lumen over an area of one square foot. A "lumen" is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A "candela" is the unit of intensity of a light source in a specific direction. One candela directed perpendicular to a surface one foot away generates one footcandle of light. A light source of one candela emits a total of 12.57 lumens. For purposes of this chapter, the lumen output values shall be the initial lumen output ratings of a lamp.
FORECOURTAn area that includes open space surrounded by a portion of a building facade that abuts a frontage line, and a portion of a building facade that is set back further. A forecourt may include a driveway, sidewalk or pedestrian pathway, but not a parking area.
FREEWAYA divided arterial highway with four or more lanes available for through traffic, with full control of access and grade separation at interchanges; namely, the F. E. Everett Turnpike.
FUNCTIONALLY DEPENDENT USEA use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long-term storage or related manufacturing facilities. See §
190-62.
A building or structure or a portion thereof, the principal use of which is or may be to store, house, keep, repair or service a motor vehicle or vehicles containing a flammable fluid or other propellant in its fuel storage tank. This does not include a new-car salesroom.
GARAGE, COMMUNITYA group of private garages, either detached or under one roof, arranged in a row or around common means of access.
GARAGE, PRIVATEA garage for housing motor vehicles only, with a capacity of not more than four vehicles.
GARAGE, PUBLICAny garage not included in the definition of a private garage or a community garage.
GAS STATIONA building or part thereof whose principal activity is the selling of gasoline, oil and related products for motor vehicles, provided that light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. A gas station may also include areas not exceeding 1,000 square feet within the principal building that sell prepackaged food products for off-site consumption, household items, newspapers and magazines, incidental or accessory to the activities listed above. However, any such establishment that exceeds 1,000 square feet of gross floor area shall be classified as a convenience store rather than a service station.
GLARELight emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see and, in extreme cases, causing momentary blindness.
GRADE or GRADE PLANEA reference plane representing the average of finished ground level adjoining a building or structure along its exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1829 mm) from the building, between the building and a point six feet (1829 mm) from the building. [Reference: International Building Code 2000]
GREENAn improved, passive open space surrounded by streets, and that is triangular or irregular in shape.
GREENWAY or GREENBELTPassive open space improved only with trails or other pedestrian or bicycle passageways. Greenways link subdivisions to other subdivisions and to activity centers. Greenbelts are located on the edge of a subdivision or a community.
GROUND COVERAny planting of low plants that cover the ground and shall include grass and all other plants adapted for such use. The use of wood chips, bark mulch, crushed stone and similar substances may be deemed ground cover where approved by the Planning Board.
GROUND SIGNA sign established on a freestanding frame, mast or pole and not attached to any building. Where such signs are established back to back, the larger face shall be calculated for the purposes of determining allowable area. See §
190-101A.
As defined in NHRSA 485-C:2,VIII, subsurface water that occurs beneath the water table in soils and geologic formations.
GUEST HOME or GUESTHOUSEAn attached or detached building that:
A. Has no kitchen or cooking facilities;
Is located on the same lot as the principal dwelling unit;
Is not rented or leased; and
Is occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.
HALFWAY HOUSEAny residence where two or more people reside for the purpose of their rehabilitation, behavioral modification or therapeutic counseling. A halfway house may include a facility for the care and supervision of delinquent youth, persons with mental health illnesses, or substance abusers (e.g., alcoholism, drug addiction), or any other facility where persons are aided in readjusting to society following a period of imprisonment or institutionalized treatment. See §
190-46A.
An asphalt or concrete surface that complies with any pavement thickness required in the Board of Public Works specifications, or other surface approved in the Board of Public Works Specifications, but excluding rock, gravel, grass or dirt.
HEIGHTThe vertical distance from the adjacent grade to the top of the structure, the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the highest gable or slope of a hip roof.
HEIGHT OF LUMINAIREThe height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
HEIGHT OF SIGNThe vertical distance measured from the adjacent undisturbed grade (unless otherwise indicated) of the sign to the highest point of the sign.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. See §
190-62.
Any soil with an erodibility class (K factor) greater than or equal to 0.43 in any layer as found in Table 3-2 of the "Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire."
HISTORIC STRUCTUREAny structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
HISTORICAL MARKER SIGNSigns which may be placed only by a historical organization or by a governmental agency. Maximum area shall be two square feet. These signs are allowed in all districts, and no permit is required.
HOME OCCUPATIONAn accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.
HOME OCCUPATION SIGNA sign used to draw attention to a home occupation or for noncommercial speech associated with a home occupation.
HOMEOWNERS' ASSOCIATIONA corporation, trust, or unincorporated association, the members of which consist of the owners of the development units or lots within a development, which owns and manages all private interior ways and the land not occupied by residential, commercial or industrial structures and lots, including facilities and structures thereon, in perpetuity; an association which individual owners share common interest in common open space and/or facilities. The association is in charge of preserving, managing and maintaining the common open space and/or facilities and will enforce certain covenants and restrictions.
HOSPITALAn institution providing organized inpatient diagnostic and nursing care for persons suffering from acute or chronic illness, injury or deformity requiring obstetrical or other care, including both inpatient and outpatient emergency services as may be required.
HOTELA building or any part of a building containing rooming units without individual cooking facilities, for transient occupancy and having a common entrance or entrances, including an inn, motel, motor inn and tourist court, but not including a boardinghouse, lodging house or rooming house.
HOUSEHOLDA group of occupants of a dwelling unit restricted to the following two categories:
A. FAMILYAn individual or two or more persons related within the second degree or kinship or by marriage or adoption living together as a single housekeeping unit, including necessary domestic help such as nurses or servants not to exceed three in number.
UNRELATED HOUSEHOLDA household not conforming to the definition of a "family." (See §
190-16 for occupancy restrictions relating to nonfamily households).
ILLUMINATED SIGNAny sign which emanates light either by means of exposed tubing, electrical bulbs, fluorescent lights, neon tubes or lamps on its surface, or by means of illumination transmitted through the sign faces. Any decorative lighting that is used expressly for the purpose of advertisement shall be construed as a sign.
ILLUMINATION, INDIRECTAny sign which reflects light from a source intentionally directed upon it, for example, by means of floodlights or externally mounted fluorescent light fixtures.
ILLUMINATION, INTERNALSigns that provide artificial light through transparent or translucent material from a light source within the sign.
IMPERVIOUS SURFACEMaterial or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
INDEXINGThe action of a multiprism sign designed to show several messages in the same area by a turning and stopping action of the triangular vertical plane sections of the sign components. (Also see "changing electronic sign" and "flashing sign.")
INDIRECT LIGHTDirect light that has been reflected or has scattered off of other surfaces.
INDUSTRIAL PARKA comprehensively planned and unified, industrially oriented development containing at least two separate buildings and protected by covenants and restrictions designed to control such things as architectural design or building facades, landscaping, screening, buffering, and environmental protection. Industrial parks typically have a mixture of industrial, service, office, and commercial activities and are designed to incorporate aesthetic and service amenities for the employees and patrons of the uses located within the park.
INFILTRATIONThe entry of water from precipitation, irrigation, or runoff into the soil.
JUNKAny worn-out, cast-off or discarded articles or material ready for destruction or collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
LAMPThe component of a luminaire that produces the actual light.
LANDSCAPINGThe practice of adding and arranging trees, shrubs and ground cover over a tract of land for aesthetic purposes.
LASERA device which produces an intense, coherent, directional beam of light by stimulating electronic or molecular transitions to lower energy levels. An acronym for Light Amplification by Stimulated Emission of Radiation.
LEVEL OF SERVICEIndicates the capacity per unit of demand for each public facility. It is an indicator of the extent or degree of service provided by a facility based upon and related to the operational characteristics of the facility.
LEVEL OF SERVICE, ADOPTEDThe level of service established in the adequate public facilities standards (see Article
XXIII) as a standard for subdivision and site plan applications and the capital improvements program. (See §
190-168.)
The actual level of service that exists when an application for subdivision or site plan approval is filed.
LIGHT TRESPASSThe shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LOADING SPACEAn off-street space used exclusively for loading and unloading of goods and materials from one vehicle.
LOCATIONFor purposes of Article
X, any lot, premises, building, structure, wall, or any place upon which a sign is located.
One or more rooms for the semipermanent use of one or more individuals not living as a single housekeeping unit and not having cooking facilities. A lodging unit shall include rooms in boardinghouses, lodging houses, tourist homes and rooming houses.
LOTAn area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the Administrative Officer by its owner or owners as a parcel to be used, developed or built upon as a unit under single ownership or control.
LOT, CORNERA lot at the point of intersection of, and abutting on, two or more intersecting streets, the interior angle of intersection of the street lot lines or, in case of a curved street, extended lot lines, being not more than 135°. Each street frontage shall be considered a front yard.
LOT DEPTHThe mean horizontal distance between a front lot line and a rear lot line.
LOT FRONTAGEThe horizontal distance measured along a front lot line between the points of intersection of the side lot lines with the front lot line; the length of the closest adjacent property line parallel or substantially parallel to an adjoining public right-of-way.
LOT, INTERIORA lot in which the side lot lines do not abut a street.
LOT LINE, FRONTThe property line dividing a lot from a street right-of-way.
LOT, NONCONFORMINGA lot lawfully existing on the effective date of this chapter or any subsequent amendment hereto, which is not in accordance with all the provisions of this chapter.
LOT, THROUGHA lot that has at least two opposite lot lines that abut streets.
LOT WIDTHThe horizontal distance between the side lot lines as measured at the minimum front yard depth required by this article, and parallel to the street line.
LOUNGEPortion of a restaurant intended primarily for consumption of beverages.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. See §
190-62.
A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this section of the chapter, the lumen output values shall be the initial lumen output ratings of a lamp.
LUMINAIREA complete lighting system, and includes a lamp or lamps and a fixture.
MAINTAINTo permit a sign, sign structure or any part of each to continue; or to repair or refurbish a sign, sign structure or any part of each. A sign shall be maintained in good repair for reasons of public safety and aesthetics.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” includes park trailers, travel trailers and other similar vehicles placed on site for greater than 180 consecutive days. This includes manufactured homes located in a manufactured home park or subdivision. See §
190-62.
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 presite built housing as defined in RSA 674:31-a. [Source: RSA 674:31.]
MARINAA commercial waterfront facility whose principal use is the provision of publicly available services such as the securing, launching, storing, fueling, servicing and repairing of watercraft.
MEAN ANNUAL HIGH-WATER MARKThe line from visible markings and changes in soils and vegetation from the prolonged presence of water which distinguishes between predominantly aquatic and terrestrial land.
MEAN SEA LEVELThe National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communities Flood Insurance Rate Map are referenced. See §
190-62.
Any mechanized or electronic game, entertainment or amusement device requiring insertion of coins, currency or tokens, or payment to an attendant and is intended to entertain the operator(s). Such devices include, but shall not be limited to, video games, pinball machines, and coin-operated pool tables, but shall not include jukeboxes or other devices used solely for the reproduction of music.
MEMBERSHIP CLUBA social, sports or fraternal association or organization used exclusively by members and their guests and not conducted as a gainful business.
MESSAGEThe wording or copy on a sign. See "copy."
MIXED USE BUILDINGA building containing mixed commercial and residential uses where commercial use are located primary on the first floor, with dwelling units occupying the second floors or above.
MOBILE HOMEFor purposes other than Article
VII, a "mobile home" is a dwelling unit constructed in a factory that does not meet the definition of a manufactured home or a modular home. For purposes of Article
VII, see definition of "manufactured home" above.
A parcel of land containing at least 15 acres upon which one or more mobile homes or house trailers are parked or intended to be parked for living purposes.
MODULAR HOMEA dwelling unit constructed in accordance with the standards set forth in the City's Building Code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. (See comment under "manufactured housing.")
MULTIFAMILY DWELLINGA building containing three or more dwelling units, including an apartment house, garden apartment house, multifamily dwelling and townhouse or condominium.
NAMEPLATEA nonelectrical sign identifying only the name, occupation or profession of the occupant of the premises on which the sign is located. If any premises includes more than one occupant, "nameplate" means all names and occupations or professions as well as the name of the building and directional information.
NATURAL AREAAn environmentally sensitive area left undisturbed to provide an amenity for the development.
NEW CONSTRUCTIONFor the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvement to such structures. See §
190-62.
See Article
VII, Impact Fees.
A. Any building permit application that is submitted to the City that results in:
(1) The construction of a new dwelling(s);
The conversion of an existing nonresidential use to a dwelling(s).
New development does not include:
(1) The reconstruction of a structure that has been destroyed by fire or natural disaster, and natural deterioration, provided that there is no change in the size, density, or use of the structure;
The replacement of a manufactured home;
The construction of an accessory structure to a dwelling that would not increase the demand for public capital educational facilities by the owner or user of the dwelling; or
The addition/renovation(s) to an existing dwelling(s).
NONCONFORMING SITUATIONA. A situation that occurs when, on the effective date of this chapter, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. A nonconforming situation includes:
(1) Any dimensional nonconformity or nonconforming structure; or
Any nonconforming lot; or
Any nonconforming use; or
Land or buildings are used for purposes made unlawful by this chapter.
Nonconforming signs shall not be regarded as nonconforming situations for purposes of this definition, but instead are governed by §
190-110.
NONCONFORMING USEThe use of property for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.) See §
190-119A.
Entitled to real estate tax exemption under the laws of the state.
OFFICE USE or OFFICE BUILDINGA place where the business of a commercial, industrial, service or professional organization is transacted, but not including retail sales, manufacturing, clinic, financial institution, personal services, place of amusement or place of assembly. This includes any use or building listed in LBCS Function Codes 2200-2455, 5140-5160, or 6800-6820, LBCS Structure 2110 or 2400, or NAICS 51-55 or 61-92.
OPEN SPACEThe space on a lot unoccupied by buildings, unobstructed to the sky by man-made objects, not devoted to streets, driveways, off-street parking or loading spaces.
OPEN SPACE, ACTIVEAny park and recreational facility that is not dependent upon a specific environmental or natural resource, which is developed with recreation and support facilities that can be provided anywhere for the convenience of the user.
OPEN SPACE, PASSIVEAreas in and located due to the presence of a particular natural or environmental setting and which may include conservation lands providing for both active and passive types of resource-based outdoor recreation activities that are less formalized or program-oriented than activity-based recreation. Resource-based outdoor recreation means and refers to activities requiring a natural condition that cannot easily be duplicated by man.
OPEN SPACE PERCENTAGEThe space on a lot unoccupied by buildings, unobstructed to the sky by man-made objects, not devoted to streets, driveways, off-street parking or loading spaces. See §
190-16M.
A portion of an eating or drinking place, located on a public sidewalk, that provides waiter or waitress service and is either an enclosed or unenclosed sidewalk cafe as defined herein. No portion of a sidewalk cafe shall be used for any purpose other than dining and circulation therein. An "enclosed sidewalk cafe" is a sidewalk cafe, which is contained within a one-story structure constructed predominantly of light materials such as glass, slow burning plastic, or lightweight metal. An "unenclosed sidewalk cafe" is a space on the sidewalk, which contains readily removable tables, chairs, or railings. An unenclosed sidewalk cafe is open to the sky except that it may have a retractable awning or umbrellas. For the purposes of this chapter "readily removable" shall mean that no object which is part of the unenclosed sidewalk cafe, such as a table, chair, planter, or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the sidewalk in which it is placed, to the building or to any other structure which it abuts.
OUTDOOR LIGHTINGThe nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
OWNERAny person having vested or equitable interest in the use, structure or lot in question, or his duly authorized agent, attorney, purchaser, devisee, trustee or lessee.
PARCELA contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
PARK INDUSTRIAL SIGNA sign located adjacent to and intended to identify the entrance to multibuilding park industrial developments situated. See §
190-102C.
An open space improved with playground equipment or other active open space improvements. These may be surrounded by street frontages and building frontages, but this is not necessarily required.
PARKING LOTAny area, not within a building or other structure, where motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking to include a motor vehicle display lot and/or a commercial parking lot.
PARKING SPACEAn off-street space for exclusive use as a parking stall for one motor vehicle.
PASSAGEWAYA connector providing access exclusively to pedestrians and located between buildings. Passageways provide shortcuts through blocks, or connect rear parking areas with street frontages. An area between buildings located interior to a block, and which either extends from the public sidewalk to a public space interior to the block or connects two streets.
PEAK DISCHARGEThe maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event.
PERMEABLE PAVEMENTA pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. A permeable pavement system utilizes either porous asphalt, pervious concrete, or plastic pavers interlaid in a running bond pattern and either pinned or interlocked in place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient interconnected voids to provide a high rate of permeability. Pervious concrete is a discontinuous mixture of portland cement, coarse aggregate, admixtures, and water which allow for passage of runoff and air. Examples of permeable pavement systems include Grasspave2®, Gravelpave2®, Turfstone®, and UNI Eco-Stone®. (Reference: Watershed Management Institute, Inc. and U.S. Environmental Protection Agency, Office of Water, Operation, Maintenance and Management of Stormwater Management (Aug. 1997), at 2-32; Booth and Leavitt, Field Evaluation of Permeable Pavement Systems for Improved Stormwater Management, 65 J. Am. Planning Ass'n 314 (Summer 1999), at 314-325.
PERMIT-ISSUING AGENCYAny agency, board or commission that issues or approves any of the land use decisions or permits as described in Part
3.
The map, drawing or chart on which a applicant's final plan of subdivision is presented to the Board for approval and which, if approved, will be submitted to the Register of Deeds of the county for recording.
PLAZAA hard-surfaced area adjoining the front of nonresidential, multifamily or civic buildings. (Greens and squares, by contrast, are not hard-surfaced). Buildings directly adjoin the plaza, rather than facing it across a street.
POLITICAL SIGNA sign advertising a candidate or issue to be voted upon on a specific election day, and that is attached to the ground by a stake or stakes, but which excludes any other sign defined as a portable sign.
PORCHA roofed structure projecting from the front, side or rear wall of a building, either enclosed or open, not used as habitable living space.
PORTABLE SIGNAny sign not permanently attached to the ground or a building.
PORTALA building entryway at least 24 feet in height and 12 feet in width, and which contains decorative architectural treatments.
PORTICOA porch with a roof supported by columns.
POULTRYDomesticated fowl commonly raised or kept for eggs or meat.
PREMISESA lot or number of lots on which are situated a building or group of buildings designed as a unit or on which a building or a group of buildings are to be constructed.
PRETREATMENTLimited treatment of stormwater runoff provided prior to discharge of such runoff to the stormwater management system, and is intended to remove coarse solids, thereby facilitating maintenance and enhancing the longevity of the stormwater management system.
PRINCIPAL BUILDING or PRINCIPAL STRUCTUREA building or structure or, where the context so indicates, a group of buildings or structures, in which the principal use of a lot or parcel is conducted. This shall include any buildings which are attached to the principal structure by a covered structure.
PRINCIPAL DWELLINGA dwelling unit which constitutes the principal building or principal structure on a lot or parcel.
PROJECT AREAThe area within the subdivision or site plan boundaries.
PROJECTING SIGNA sign, other than a wall sign, which is attached to and projects in a perpendicular fashion more than 12 inches beyond the surface to which it is affixed. A projecting sign is meant to be viewed from a position other than directly facing the building. See §
190-104A.
All assets, facilities, and equipment relating to public education services that are described in RSA 674:21 V.
PUBLIC FACILITIESAny of the Capital Improvements listed as subject to Article
XXIII (Adequate public facilities).
Commentary: this list is presently confined to streets. |
The portion of a public street dedicated to and accepted by the City as measured from property line to property line.
PUBLIC UTILITYPersons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this article, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.
PUBLIC UTILITY STRUCTUREAny structure including a line, pipe, building, station, or facility used to deliver or provide a public utility to the general public.
REAL ESTATE SIGNA temporary nonelectrical ground or wall sign that either:
A. Advertises the on-site sale, rental or lease of a premises or a portion thereof (In such case signs must be removed within 30 days after the sale, rental or lease.); or
The off-site advertising of an open house.
RECESSED ENTRYWAYA recess or niche located on the front facade of a building and which leads to a principal entry. A recessed entryway is unenclosed on the side adjoining the sidewalk, plaza or public right-of-way, enclosed on the opposite side with a wall containing a doorway, and enclosed on the other sides.
RECHARGEWater that infiltrates into an aquifer, usually from overlying soils.
RECREATIONAL VEHICLESee §
190-62. A vehicle that is:
A. Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REDEVELOPMENTThe development, rehabilitation, expansion, and completion of phased projects on previously developed sites.
REGISTRATIONFor purposes of Article
X, the registering of signs shall consist of an official record maintained by the Administrative Officer as to the purpose of signage and containing the date of establishment and removal.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. These areas are designated as floodways on the Flood Insurance Rate Map. See §
190-62.
Any construction which replaces materials and does not change the height, number of stories, size, use or location of a structure.
RESTAURANTEating and drinking establishment where consumption is primarily intended to be within the building.
RETAIL USEA building or part of a building where merchandise, food, articles, or things are offered or kept for sale directly to the public at retail. This includes any use listed under the category "commercial" in the Use Matrix (§
190-15, Table 15-1) except for the following: 32.33. Bank, credit union, savings institution, or other finance and insurance services; flex space; mobile homes as offices; or office uses or office buildings.
The top edge of the roof or the top of the parapet, where the junction of the roof and the perimeter wall of the structure forms the top line of the building silhouette.
ROOF SIGNA sign established upon, against, or directly above a roof, or on the top of or above the parapet of a building. See "parapet." See §
190-105A.
A circular area containing a monument or similar device, and which organizes buildings or movement around a center. Buildings facing a rotary are concave, while those facing a circle are convex.
ROTATING SIGNAny sign or portion of a sign which moves in a revolving or similar manner, but not including multiprism indexing signs.
RUNOFFPrecipitation, snow melt, or irrigation that flows over the land, eventually making its way to a surface water such as a stream, river, or pond.
SCREENINGA visual barrier which blocks out a use on one property from abutting properties. Screening shall consist of a landscaped area containing plant materials, walls and/or fences. (Article
XXVII)
Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site of origin by erosion.
SETBACKAn area lying between the furthest projection of a principal structure and the property line of the lot on which the structure is located. Where a yard abuts a street, the setback is the area lying between the abutting street right-of-way line and the furthest projection of a principal structure. See §
190-16E(1).
The average of the actual natural navigable shoreline footage and a straight line drawn between property lines, both of which are measured at the reference line.
SHRUBA usually several stemmed, woody plant that is maintained in low-growing habit.
SIGNA permanent or temporary device, structure, light, letter, word, two- or three-dimensional object or copy, model, banner, streamer, pennant, display, insignia, emblem, trade flag, presentation by figures, designs, pictures, logos or colors visible to the public from outside a building, from a traveled way or otherwise. The purpose of a sign is to convey a message to the public, to advertise, direct, invite, announce, or draw attention to, directly or indirectly, a use conducted, goods, products services or facilities available, either on the lot or on any other premises. Includes any permanently installed or prominently situated merchandise. For the purpose of removal, signs shall also include all sign structures and appurtenances.
SIGN LABELA. All signs shall have a label affixed to the sign visible from the street with the following information:
(1) Name of the sign fabricator or installer.
The electrical power consumption, in both volts and amperes.
The information shall be sufficient in size and contrast to be readable by City officials upon close inspection.
SIGN STRUCTUREAny framework, either freestanding or an integral part of the building, which supports or is capable of supporting any sign, including decorative cover.
SLOPEThe ratio of elevation change to horizontal distance, expressed as a percentage. Slope is computed by dividing the vertical distance by the horizontal distance, and multiplying the ratio by 100. For purposes of this chapter, a slope shall include only those areas with a horizontal distance of at least 50 feet.
SPECIAL ASSESSMENTAn assessment for the cost of constructing and/or maintaining property especially benefited by the improvement pursuant to RSA 49-C:25 et seq.
SPECIAL EXCEPTIONA use of a structure or lot, or any action upon a premises, which may be permitted under this article only upon application to and the approval of the Zoning Board of Adjustment and in accordance with this article.
SQUAREAn improved, passive open space surrounded by streets and building frontages, and limited in area to one block.
STABILIZEDWhen the soil erosion rate approaches that of undisturbed soils. Soils which are disturbed will be considered stabilized when covered with a healthy, mature growth of grass or, for a temporary condition only, a covering of hay or mulch (two tons/acre).
START OF CONSTRUCTIONIncludes substantial improvements, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. See §
190-62.
An optical projection instrument making multiple use of the "magic lantern," or a projection instrument that uses lenses to throw on a screen a magnified image from a transparent slide or from an opaque object such as a photograph or the page of a book. The stereopticon combines two or three magic lanterns to focus, in the same area of light on the screen or wall, dissolving views or combinations of images.
STOOPA raised platform located at the entry of a building and approached by steps. A stoop may have a roof.
STORYThe portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is six or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be a story if unfinished and without human occupancy.
STORY, HALFA story under a gable, hip or gambrel roof, the wall planes of which on at least two opposite exterior walls are not more than two feet above the floor of the story.
STREAMAreas of flowing water occurring for sufficient time to develop and maintain defined channels but may not flow during dry portions of the year; includes but is not limited to all perennial and intermittent streams located on U.S. Geological Survey Maps.
STREETA road, thoroughfare or way that affords the means of access to adjacent lots and is devoted to vehicular travel, and measured from property line to property line. Also see "public right-of-way." "Street" includes any street, avenue, road, lane, viaduct, boulevard, alley, highway or other way, whether public or private.
A. Expressways are generally limited-access highways designed to carry large volumes of high speed interstate and intercity traffic.
Major streets are streets designed or required to carry large volumes of traffic to, from or through the central part of the City.
Collector streets are streets designed or required to collect traffic from minor streets and distribute traffic to major streets.
Commercial streets are streets designed or required to serve industrial or mercantile concentrations and to carry traffic from these concentrations to major streets.
Residential streets are streets designed or required to provide vehicular access to abutting residential properties.
Service streets are streets designed or required to provide vehicular access to abutting commercial properties.
Access streets are minor ways designed or required to provide vehicular access to off-street loading or off-street parking facilities.
STRUCTUREA combination of materials for occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, wharves, bin, fence, sign or the like.
[Comment: Compare "building."] |
A detached structure, the use of which is customarily incidental and subordinate to that of the principal use, principal building or principal structure, and which is located on the same lot as that occupied by the principal use, principal building or principal structure.
STRUCTURE (FLOODPLAIN MANAGEMENT)For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. See §
190-62.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should equal: 1) the appraised value prior to the start of the initial repair or improvement, or 2) in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
TEMPORARY OUTDOOR LIGHTINGThe specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than 30 days, with at least 180 days passing before being used again.
TEMPORARY SIGNAny sign which is not permanently established, including trailer and portable signs. See §
190-106.
Any substance or mixture with physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes acids and alkalis, and all substances defined as toxic or hazardous under applicable state or federal statutes, and also include such products as solvents and thinners in quantities greater as solvents and thinners in quantities greater that normal household use.
TOURIST HOMEA private dwelling that is not part of or used in conjunction with any other establishment and in which there are at least four rooms for rent to the traveling or vacationing public, whether rented regularly, seasonally, or occasionally.
TOWNHOUSEA single dwelling unit whose sidewalls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner (condominiums).
TOWNHOUSEFor purposes of Article
VIII (Impact Fees), a "townhouse" means at least two dwellings that share a common wall in which each dwelling has living space on the ground floor and a separate, ground floor entrance. See §
190-75.
A facility where taxi, bus or railroad passengers regularly stop to load or unload passengers, which may provide ancillary services such as ticket sales and waiting rooms. These stations are multimodal in nature where users are switching from one mode of transportation to another, such as automobiles to buses or buses to rail.
TREEA woody perennial plant having a single usually elongate main stem, generally with few or no branches on its lower part.
UNENCLOSEDA building, structure, or roofed projection that has no more than 50% of each outside wall area enclosed by a wall or other solid, opaque structure, or windows, but not including meshed screens.
USEThe purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.
USE, ACCESSORYA use incidental and subordinate to the principal use of a structure or lot, or a use not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall not exceed 40% of the area of the total use of the structure and/or lot on which it is located.
USE, PRINCIPALThe main or primary purpose for which a structure or lot is designed, arranged or intended, or for which it may be used, occupied or maintained under this article. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this article shall be considered an accessory use.
USE, SUBSTANTIALLY DIFFERENTA use which by reason of its normal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.
UTILITY or UTILITIESBuildings, structures, or land used by a public utility, corporation, railroad, or governmental agency for uses such as, but not necessarily limited to, water or sewage treatment plants or pumping stations, communications, substations, telephone exchanges, and resource recovery facilities, but not including land, buildings, or structures used solely for storage and maintenance of equipment and materials.
UTILITY SIGNThese signs are noncommercial in nature and identify the location of gaslines, waterlines or phone cables, often warning of the potential hazard of digging or excavation in the immediate area.
VARIANCESuch departure from the terms of this article as the Zoning Board of Adjustment, upon appeal in specific cases, is empowered to authorize under this article.
VIOLATIONThe failure of a structure or other development to be fully compliant with the community’s Floodplain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. See §
190-62.
Any sign attached parallel to the building wall, false wall or false roof, or other facade surface that does not extend more than 12 inches from said surface, or does not vary more than 30° from the plane of the building's parallel wall, and that has only one sign face that is intended to be read parallel to the wall or other surface to which it is mounted. A wall sign includes any sign established on a penthouse above the roof of a building, as long as the wall of the penthouse is on a plane parallel to the wall of the building. See §
190-108A.
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains. See §
190-62.
For purposes of Article
XI (Wetlands), an area of land adjacent to a wetland (or stream, river, etc.) that is protected from development in order to protect a wetland and its functions, such as:
A. A protective barrier that filters out particles, sediment, and pollutants.
WETLANDSSoils which are poorly or very poorly drained as defined by the Soil Conservation Service, the United States Department of Agriculture, and identified in the county soil handbook. These soils have a water table at or very close to the surface of the ground throughout a major portion of the year (a minimum of seven to nine months out of the year). For the purposes of this Part X, wetlands are those wetlands defined and delineated in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated 1989.
WINDOW SIGNA sign established within 12 inches of window plane inside a window for purposes of viewing from outside the premises. Such sign shall not be construed to include merchandise located in a window.
YARDA portion of a lot upon which the principal building is situated, unobstructed artificially from the ground to the sky, except as otherwise provided herein.
YARD, FRONTA yard extending for the full width of the lot between the front line of the nearest building wall and the front lot line.
YARD, REARA yard, unoccupied except by an accessory structure or accessory use as herein permitted, extending for the full width of the lot between the rear line of the building wall and the rear lot line.
YARD, SIDEYard extending for the full length of a building between the nearest building wall and the side lot line.
