Unless otherwise expressly stated, the following terms shall, for the purpose of this Part 1, have the meanings indicated in this article. Words used in the present tense include the future. The singular number includes the plural, and the plural, the singular. Where terms are not defined in this article, they shall have their ordinary accepted meanings or such as the context may apply.
As used in this Part 1, the following terms
shall have the meanings indicated:
A structure containing no habitable space and detached from
a principal building on the same lot and incidental and subordinate
to the principal building. Accessory structures shall be limited to
a maximum of two per lot plus one additional structure for each 80,000
square feet over the required minimum lot size. Accessory buildings
or structures shall be limited to a single half bath located on the
ground floor. Swimming pools, tennis courts and like outdoor residential
sports facilities, well houses, doghouses, septic systems, and parking
areas shall be exempt from the number limitation of accessory structures.
[Amended 3-10-2009 ATM by Art. 3; 3-9-2021 ATM by Art. 5]
A use of land or a building or a portion thereof which is
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.[2]
Land to be permanently retained for noncommercial uses on
which improvements may alter the natural landscape but provide for
the benefit of the residential occupants. Within the General Residence
and Agricultural Districts uses may include, but are not limited to,
active farming, playgrounds, playing fields, swimming pools, community
centers, amphitheaters, and such other uses deemed appropriate by
the Board. Within the Shore Front Residential District, excluding
the Shore Front Buffer Area, uses may include shore-related uses and
structures, playgrounds, playing fields, tennis courts, swimming pools,
and other uses deemed appropriate by the Board. Within Shore Front
Buffer Areas, active open space uses shall be limited to shore-related
uses and structures deemed appropriate by the Board.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specific sexual activities or specified anatomical areas.
[Added 3-8-2022 ATM by
Art. 7]
An establishment which, as one of its principal business
purposes, offers for sale or rental, or for any other form of consideration,
any one of the following:
[Added 3-8-2022 ATM by
Art. 7]
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes, or other video reproductions,
slides, computer software, or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
A nightclub, bar, or restaurant, or similar commercial establishment,
or a private membership, fraternal membership, or social club which
regularly features:
[Added 3-8-2022 ATM by
Art. 7]
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Films, motion pictures, video cassettes, or other video reproductions,
slides, computer software, or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
An establishment where, for any form of consideration, films,
motion pictures, video cassettes, or other video reproductions, slides,
or other photographic representations are regularly shown which depict
or describe specified sexual activities or specified anatomical areas.
[Added 3-8-2022 ATM by
Art. 7]
A theater, concert hall, auditorium, or similar place of
public assembly which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
[Added 3-8-2022 ATM by
Art. 7]
Housing used, designed or adapted for use by elderly families
of not more than two persons with at least one member 62 years of
age or older and complying with the design requirements of the Architectural
Barrier Free Design Code for the State of New Hampshire, as amended,
licensed by the appropriate state agencies and having at least 60%
of the units reserved for very low and/or low-income households as
defined by the US Department of Housing and Urban Development. Affordable
nonprofit elderly housing may be contained in a single building or
groups of buildings.
[Added 3-11-2003 ATM by Art. 4; amended 3-9-2004 ATM by Art.
2]
Housing development(s) constructed or rehabilitated to be
affordable for rent or purchase solely by individuals or households
whose incomes are less than 120% of the area median household income
as published by the US Department of Housing and Urban Development
(USHUD) for Carroll County. Developments must reserve a minimum of
50% of their units for low- and/or very-low-income households as defined
by the USHUD. Affordable nonprofit workforce housing may include single-family
dwellings, duplex dwellings, and multifamily dwellings.
[Added 3-14-2006 ATM by Art. 4; 3-10-2009 ATM by Art. 9]
The terms used above are as defined by the USHUD
and the Wolfeboro Planning and Zoning Ordinance.
The rental units shall be owned by a recognized
affordable housing organization which shall be responsible for property
management, including, but not limited to, tenant income means testing.
The residential units available for sale shall
be encumbered by the necessary deed restriction/covenant that preserves
the long-term affordability of the unit in accordance with the funding
source requirements and designates a recognized affordable housing
organization to monitor affordability compliance. A "recognized affordable
housing organization" shall mean an entity recognized as an Internal
Revenue Service Code 501(c)(3) organization established for the principal
purpose of providing workforce housing in accordance with the Town’s
definition of "affordable nonprofit workforce housing."
The use of land for agricultural purposes, including raising
of crops, dairying, pasturage, animal and poultry husbandry and feedlots,
and includes the necessary accessory uses normally associated with
such uses. Raising and harvesting of timber is also included.
Any area of land or water, whether constructed or not, which
has been approved by the Director as a site for the landing and taking
off of aircraft or utilized by the public as a point of arrival or
departure by air.
Any structure, tree, smoke, steam, dust, or other substance
which obstructs the aerial approaches of a publicly used airport or
impairs the reasonable visibility in the vicinity thereof, electrical
impulses and disturbances which interfere with radio aids or communications
and lights which might result in glare in the vision of pilots or
aircraft or be confused with airport lights.
A change or rearrangement in the structural parts of a building
or structure or in the means of egress or an enlargement, whether
by extending on a side or by increasing in height, or the moving from
one location or position to another.
A commercial agricultural establishment consisting of confined
feeding areas and related structures used for the finishing of livestock
as per USDA regulations.
See "dwelling unit."
An area having dimensions of 250 feet in width at the end
of the landing strip and 1,250 feet in width at a distance of 5,000
feet. The center line of this area shall coincide with the center
line of the landing strip extended.
Establishments primarily engaged in the business of rendering
off-site professional arboricultural services relating to the care
and preservation of trees and shrubs. The establishment may include
land and buildings for office use and the storage of vehicles, equipment
and supplies. On-site retail sales or the on-site manufacturing or
fabrication of any products is not permitted.
[Added 3-11-2014 ATM by Art. 3]
A building or portion of a building designed and operated
for the creation, display, and sale of art works.
The assembly of already manufactured parts into complete
or semicomplete units. Such process would not be detectable at the
property line. All manufactured and premanufactured parts and the
final product would be limited in size, bulk and weight so that they
could be handled by one worker without the aid of machines. All activity
shall occur indoors with no outside storage.
Any building or premises used primarily for the retail sale
of gasoline and lubricants but which may also provide for the servicing
of motor vehicles and small engine repair, including grease racks,
tire repairs, battery charging, handwashing of automobiles and the
sale of merchandise and supplies related to the servicing of motor
vehicles, but excluding body and fender work, painting, storage of
autos not in operating condition or other work involving noise, fumes,
glare or smoke.
The area of a tree trunk (or stems of other vegetation) measured
in cross-section. Total basal area is the sum of the basal areas of
all vegetation in the zone.
A single-family detached dwelling containing, in addition
to living accommodations for the resident manager, up to six individual
sleeping rooms, without cooking facilities, for the purpose of providing
to the general public, for compensation, lodging, bathroom facilities
and breakfast to overnight patrons only and for no longer than two
consecutive weeks.
An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
As defined by the Manual of Best Management Practices (BMPs)
for Agriculture in New Hampshire by the New Hampshire Department of
Agriculture.
[Added 3-9-2010 ATM by Art. 2; amended 3-9-2010 ATM by Art. 5]
The Planning Board of the Town of Wolfeboro.
A dwelling for not more than 10 occupants where lodgers rent
one or more rooms for one or more nights and sometimes for extended
periods of weeks and months. The common parts of the house are maintained,
and some services, such as laundry and cleaning, may be supplied.
[Amended 3-9-2010 ATM by Art. 8]
A waterfront building used solely as a docking facility which
has a permanent pitched roof, with or without sides, covering the
boat slip or slips.
A parcel, with or without structures, used for bulk storage
of water crafts.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, domestic animals, chattels or property.
For purposes of determining exterior measurements or footprint in
order to locate the setback line, building shall include all attached
structures, such as open or closed porches, carports, garages, balconies,
stairways and other similar structures.
From the ground plane at any building face to the highest
vertical point on that face, including surfaces with horizontal setbacks
less than eight feet.
[Added 3-14-2006 ATM by Art. 2]
As defined in the latest-adopted version of the International
Building Code, with the exception that grade plane shall refer to
mean natural grade and not the finished ground level, and no building
face height may be in excess of 36 feet.
[Amended 3-14-2006 ATM by Art. 2]
Storage of materials and liquids intended for sale, distribution,
or for use in a manufacturing or repair facility.[3]
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing, building maintenance, employment service, management
and consulting services, protective services, office equipment rental
and leasing, commercial research, development and testing, photofinishing
and personal supply services.
The measured diameter of the planting, measured six to 12
inches above ground level in accordance with the American Standard
for Nursery Stock Manual, ANSI Z60.01-1996.
Any area or tract of land used or designed to accommodate
two or more camping parties, including tents, camping trailers, recreation
vehicles or other camping outfits, and includes the necessary accessory
uses normally associated with such use.
See "restaurant, carryout."
A person who has presented evidence of previous employment
in the landscape industry for three or more years or has successfully
completed one or more years of a post high school course in horticulture
and two years of employment in the field. The person must demonstrate
competence by successfully completing a written examination and, once
certified, must renew each year by receiving a minimum of five maintenance
credits.
An individual duly qualified in soil classification and mapping,
certified by the New Hampshire Board of Natural Scientists under the
provisions of RSA 310-A:75 et seq.
A building or portion thereof, used by a group of people
organized for a common purpose to pursue common goals, interests or
activities and usually characterized by certain membership qualifications,
payment of fees and dues, regular meetings and a constitution and
bylaws.
A use operated for profit or compensation.
See "Master Plan."
Ownership in common with others of a parcel of land and certain
parts of a building, together with individual ownership in fee, for
a particular unit or apartment in such building, as provided for in
RSA 356-B.
That portion of a tract that is set aside for the protection
of sensitive natural features, farmland, scenic views, and other unique
features. Conservation land may be accessible to the residents of
the development and/or the Town, or it may contain areas of conservancy
lots that are not accessible to the public.
[Added 3-9-2010 ATM by Art. 4]
Environmentally sensitive areas that are to remain permanently
in their natural state. Any alteration of land or drainage, including
the removal or planting of vegetation, shall be solely for the benefit
of wildlife habitat and natural resource protection.
[Amended 3-9-2010 ATM by Art. 4]
A parcel used to store vehicles, equipment with a gross vehicle
rating of greater than 33,000 pounds, buildings for office, vehicle
service and storage, storage of supplies and all other items customarily
pertaining to the contracting business located on site. Retail sales,
manufacturing or fabrication of any products are not permitted. Excavation
operations and yards as defined by RSA 155 E, whether temporary or
permanent, are not permitted under this provision.
[Added 3-8-2011 ATM by Art. 6]
A parcel used to store vehicles, equipment with a gross vehicle
rating of less than 33,000 pounds, buildings for office, vehicle service
and storage, storage of supplies and all other items customarily pertaining
to the contracting business located on site. Retail sales, manufacturing
or fabrication of any products are not permitted. Excavation operations
and yards as defined by RSA 155-E, whether temporary or permanent,
are not permitted under this provision.
The practice of dividing property for residential use into
substantially homogeneous lots, requiring minimum lot sizes and frontage
widths, and normally appearing in a uniform grid pattern.
An unobstructed area at street intersections free from any
object, vegetation or slope which impedes visibility within a triangle,
two of whose sides extend 20 feet from the intersection along the
street lines and between two planes, three feet and seven feet above
the level of the traveled way.
A farm or tract of land and/or buildings used for the planting,
growing and cultivating of harvestable products.
A structure or complex of structures for housing the visual
and performing arts.
The angle formed by a line drawn from the direction of the
direct light rays at the light source with respect to the vertical,
beyond which no direct light is emitted.
[Added 3-8-2022 ATM by
Art. 7]
A use which provides daytime care and supervision of any
number of children or handicapped, disabled or elderly adults not
related by blood or marriage and licensed by the appropriate state
agency.
An owner, or any person, firm or organization with authorization
from the owner, who intends to improve or to construct improvements
upon his/her property.
The diameter of a tree trunk at a height of 4.5 feet.
Light emitted directly from the lamp, off of the reflector
or reflector diffuser or through the refractor or diffuser lens, of
a luminaire.
[Added 3-8-2022 ATM by
Art. 7]
A building occupied by a resident manager and used, designed
and adapted to provide housing for more than eight occupants, not
including the resident manager and his or her family. Such units are
distinguished by separate study and sleeping quarters; common social
assembly rooms; common toilet facilities; and common cooking and dining
facilities, where provided.
[Added 3-9-2010 ATM by Art. 8]
A private, vehicular access connecting a house, parking area,
garage or other building with the street.
The property is maintained dust-free by paving with one of
the following methods:
A pattern of residential development where units are grouped
together on lots around access courts with the remainder of the lot
left in its natural condition or as common open space.
One or more rooms arranged, designed or used for residential
purposes for one household and containing independent sanitary and
cooking facilities. The presence of cooking and sanitary facilities
conclusively establishes the intent to use for residential purposes.
"Dwelling unit" is further defined as follows:
DWELLING, MULTIUNITA building and accessories thereto principally used, designed or adapted with three or more dwelling units, each of which has separate living quarters.
DWELLING, DUPLEXA building and accessories thereto principally used, designed or adapted with two dwelling units of similar proportions, the living quarters for each of which are completely separate. A single-family dwelling unit with an accessory dwelling unit is not a duplex dwelling unit.
[Amended 3-14-2017 ATM
by Art. 2]
DWELLING, SINGLE-FAMILYA building and accessories thereto principally used, designed or adapted as a single dwelling unit. The addition of an accessory dwelling unit to a single dwelling unit does not change the status of the single dwelling unit to a duplex dwelling.
[Amended 3-14-2017 ATM
by Art. 2]
A building or part thereof principally used, designed or
adapted for educational use or instruction in any branch of academic
or religious knowledge.
Housing principally used, designed or adapted for use by
elderly citizens, 55 years of age and older, and complying with the
design requirements of the Architectural Barrier Free Design Code
for the State of New Hampshire, as amended, and licensed by the appropriate
state agencies. Elderly housing may be contained in a single building
or groups of buildings and may be further classified as follows:
CONGREGATE HOUSINGA place of residence for elderly couples or individuals, providing services such as meals, housekeeping, limited nursing care, recreational programs and related management support systems.
LIFE-CARE RETIREMENT COMMUNITYA building or group of buildings providing a range of housing options for the elderly with provisions for on-site nursing facilities, recreational facilities and related management support systems.
NURSING HOMEA health-care facility providing custodial, intermediate and/or skilled nursing care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Land which, upon alteration of natural conditions, would
likely affect public health, safety or welfare or would likely affect
unique ecological characteristics, including but not limited to, wetlands,
steep slopes, unique wildlife habitat, unique flora and fauna, ledge,
stream beds, water bodies, significant stands of trees, individual
trees of significant size, scenic vistas, archaeological sites and
cemeteries.
As defined in RSA 21:34-a.
[Added 3-9-2010 ATM by Art. 2; amended 3-9-2010 ATM by Art. 5]
Includes any structure constructed prior to the adoption
of this Part I and designed, used or adapted for agricultural purposes.
The assembly that houses the lamp or lamps and can include
all or some of the following § 1. parts: a housing, a mounting
bracket or pole socket, a lamp holder, a ballast, a reflector, or
mirror, and/or a refractor or lens.
[Added 3-8-2022 ATM by
Art. 7]
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.
[Added 3-8-2022 ATM by
Art. 7]
The sum of the areas of all floors of a building as measured
from the exterior dimensions, but not including cellars, attics, porches,
decks, garages or areas occupied by heating and ventilating equipment.
Heated areas used daily for living, eating, cooking and sleeping,
but excluding garages, circulation areas, storage areas, etc. It will
be presumed for the purposes of this Part I that habitable floor area
is deemed to be 70% of the gross floor area of a given building unless
evidence sufficient to rebut the presumption is submitted to the Code
Enforcement Officer. This presumption shall not apply in any instance
where the owner or occupant(s) of the building permit inspection and
measurement of such interior floor areas by the appropriate Town authorities.
A unit of illuminance amounting to one lumen per square foot;
a measure of light falling on a given surface. One footcandle is equal
to the amount of light generated by one candle shining on a one-square-foot
surface one foot away.
[Added 3-8-2022 ATM by
Art. 7]
A continuous perimeter foundation of masonry or concrete
constructed in accordance with the Building Code of the Town of Wolfeboro.[4]
A fully shielded luminaire is a luminaire constructed or
shielded in such a manner that all light emitted by the luminaire,
either directly from the lamp or indirectly from the luminaire, is
projected below an angle of 20° below the horizontal plane through
the luminaire's lowest light- emitting part as determined by
photometric test or certified by the manufacturer.
[Added 3-8-2022 ATM by
Art. 7]
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see and, in extreme cases, causing
momentary blindness.
[Added 3-8-2022 ATM by
Art. 7]
Vegetation ranging from ground level to three feet.
A space in a building suitable for living, sleeping, eating
or cooking. Closets, hallways, storage, toilet rooms on the first
floor only, or utility spaces and similar areas are not considered
habitable spaces.
[Added 3-10-2009 ATM by Art. 3; amended 3-10-2020 ATM by Art. 8]
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct- light-emitting
part of the luminaire.
[Added 3-8-2022 ATM by
Art. 7]
On lakes, ponds, rivers and streams, the average springtime
high-water level, including contiguous wetlands, or for dammed streams,
the height of the dam.
A tree which has been found by the Tree Warden or a certified
landscape professional to be of notable interest because of its age,
type, size or historic association.
Any occupation, profession, activity or use
which is clearly a customary, incidental and secondary use of a residential
dwelling unit and which does not alter the exterior of the property
or affect the residential character of the neighborhood and is further
defined as follows:
It occupies no more than 1,000 square feet of
floor area.
The principal operator is the owner of the home
occupation business, owns and resides on the premises for at least
nine consecutive months per year, employs not more than one other
person and sells no principal products on the premises prepared by
others, except for antiques.
[Amended 3-11-2003 ATM by Art. 2]
There is no indication of such occupation visible
on the exterior of the building or on the lot, except permitted signs.
The activity does not produce noise, odor, traffic
or other nuisances perceptible at the lot line at a higher level than
is usual in a residential neighborhood.
The activity is completely enclosed in a building.
For the purpose of clarification, there will
be no more than two home occupations on any one lot. Maximum occupancy
of both home occupations shall not exceed more than 1,000 square feet
of floor area.
An establishment for the sale of flowers, fruit, vegetables,
and nursery stock.
[Amended 3-9-2010 ATM by Art. 2; 3-9-2010 ATM by Art. 5]
An institution providing health services, primarily for inpatients,
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices.
A building containing at least five and not more than 50
individual sleeping rooms or suites, each having a private bathroom
attached thereto, for the purpose of providing overnight lodging facilities
to the general public for compensation. It may provide dining services
and amenities to its guests and to the public and may host special
functions, such as weddings and conventions.
[Amended 3-13-2018 ATM
by Art. 3]
The quantity of light arriving at a surface divided by the
area of the illuminated surface, measured in footcandles.
[Added 3-8-2022 ATM by
Art. 7]
Any modified surface that cannot effectively absorb or infiltrate
water. Examples of impervious surfaces include, but are not limited
to, roofs, decks, patios, and paved, gravel, or crushed-stone driveways,
parking areas, and walkways unless designed to effectively absorb
or infiltrate water. (RSA 483-B:4, VII-b)
[Added 3-12-2013 ATM by Art. 2]
An accessory use of a single-family dwelling, which provides
daytime care and supervision of up to six children or handicapped,
disabled or elderly adults not related by blood, adoption, or marriage
and licensed by the appropriate state agency.[5]
An area of land used for the storage, outside of a completely
enclosed building, of used and discarded materials, including but
not limited to, wastepaper, rags, metal, building materials, furnishings,
machinery, vehicles or parts thereof. "Junkyard" also means any business
or any place of storage or deposit which has stored or deposited two
or more motor vehicles which are no longer intended or in condition
for legal use on the public highways or used parts of motor vehicles
or old iron, metal, glass, paper, cordage or other waste or discarded
or secondhand material which has been a part or is intended to be
a part of any motor vehicle, the sum of which parts shall be equal
in bulk to two or more motor vehicles.
The SI base unit of thermodynamic temperature (equivalent
in size to the degree Celsius), first introduced as the unit used
in the Kelvin scale.
[Added 3-8-2022 ATM by
Art. 7]
Any lot or premises used commercially on which four or more
dogs, cats or similar small animals, or a combination thereof, which
are in excess of four months of age are maintained, exclusive of licensed
veterinary medical facilities, or on which more than two litters per
year are produced.
The component of a luminaire that produces the actual light.
[Added 3-8-2022 ATM by
Art. 7]
A person that has presented evidence of previous employment
in the landscape industry for at least one year and has successfully
completed a four-year degree program in the field.
See "solid planting."
Some combination of plants, living trees, shrubs, hedges,
vines, ground cover and flowers suitable for the climate, exposure
and site condition. In addition, the combination or design may include
earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and
such structural features as foundations, pools, artworks, screens,
walls, fences or benches, but such objects alone shall not meet the
requirements of this provision. The selected combination of objects
and plants for landscaping purposes shall be arranged in a manner
compatible with the building and its surroundings.
Waste materials, including solid wastes, sludge and agricultural
wastes that are capable of releasing contaminants into the surrounding
environment.
See "assembly, light."
The manufacturing, production, processing, fabrication, assembly,
repair, or packaging of products predominantly from previously prepared
or refined materials. The storage, warehousing, distribution, or wholesaling
of finished products shall be considered accessory to and incidental
to the light industry use. Light industry does not include uses with
significant external effects, as indicated below or which pose significant
risks to public health, safety, and welfare including, but not limited
to: storage of chemicals, poisons, pesticides, explosives, or other
hazardous or toxic materials. Further, light industrial uses shall
not create excessive smoke, noise, dust, soot, vibration, odor, or
other public nuisance.
[Added 3-10-2020 ATM by Art. 6]
See "manufacturing, light."
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
[Added 3-8-2022 ATM by
Art. 7]
Land to be permanently retained for noncommercial uses which
maintains the integrity of the natural landscape and provides use
amenities for residential development. Uses include, but are not limited
to, forestry practices, recreational trail networks, community gardens,
preservation of historical sites, picnic areas, and other passive
recreational uses. The Board may allow accessory buildings and utilities
where applicable.
As defined in RSA 21:34-a.
[Amended 3-9-2010 ATM by Art. 2; 3-9-2010 ATM by Art. 5]
A legally recorded and defined parcel of land or two or more
contiguous parcels to be used as a unit under the provisions of these
regulations.
The total horizontal area within the confines of the boundary
lines of a lot. The lot area shall not include any part of a public
right-of-way which it fronts or abuts.
A lot abutting on two or more intersecting streets where
the interior angle of intersection does not exceed 135°. A corner
lot shall be considered to be in that block in which the lot fronts.
The percent of the total lot area which may be covered by
all impervious surfaces, including but not limited to structures,
sidewalks, parking areas, roads and driveways, excluding travel-ways/rights-of-way
for access to other lots.
[Amended 3-12-2013 ATM by Art. 2]
LOT FRONTThe front property line of a lot shall be determined as follows:
CORNER LOTFor the purposes of building setbacks, all lot lines abutting a street shall be treated as front setbacks with all other lines as side setbacks. Where such front property line is not obviously evident, the Zoning Administrator shall determine the front property line.
[Amended 3-12-2019 ATM
by Art. 3]
INTERIOR LOTThe front property line of an interior lot shall be the line bounding the street frontage.
THROUGH LOTThe front property line of a through lot shall be that line which is obviously the front by reason of the prevailing custom of the other buildings in the block.
LOT REARThe rear property line of a lot is that lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than 10 feet long lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than 10 feet long lying within the lot and parallel to a line tangent to the front property line at its midpoint.
LOT SIDEThe side property lines of a lot are those lot lines connecting the front and rear property lines of a lot.
A lot line dividing the lot from a street right-of-way.
[Amended 3-8-2011 ATM by Art. 9]
A measure of light energy generated by a light source. One
footcandle is one lumen per square foot. For the purposes of this
regulation, the lumen output values shall be the initial lumen output
ratings of a lamp.
[Added 3-8-2022 ATM by
Art. 7]
A complete lighting system and includes a lamp or lamps and
a fixture.
[Added 3-8-2022 ATM by
Art. 7]
The replacing or repair of a part or parts of a building
which have been made unusable by ordinary wear and tear or by the
weather.
Housing built on a chassis designed and constructed for transportation
to a site for installation and use when connected to required utilities,
provided that:
It was constructed after June 15, 1975, and
certified as meeting the mobile home construction and safety standards
of the Department of Housing and Urban Development.
It is at least 20 feet wide at the narrowest
point.
The roof pitch shall be not less than a two-foot
rise for each 12 feet of horizontal run 2:12, and the roof shall have
minimum six-inch eaves or eaves and gutter.
It has roofing materials that are generally
acceptable for site-built housing. Any roofing material may be used,
provided that it has the appearance of a nonmetallic shingle, shake
or tile roof.
It has siding material that has the appearance
of wood, masonry or horizontal metal siding. Reflection from horizontal
metal siding shall be not greater than that from siding coated with
white gloss enamel.
It has a perimeter skirting that resembles a
conventional house foundation and is constructed of brick, concrete,
concrete block or pressure-treated wood.
It is placed on a permanent foundation approved
by the Code Enforcement Officer.
The hitch and tongue of the manufactured home
shall be removed.
The manufacturing, fabricating or casting of individual components
of a larger unit or a complete unit. All such processing and storage
of materials must occur indoors and would not typically generate noise,
vibration, smoke, dust or odor detectable at the property line.
A water-dependent facility designed and operated for profit,
or operated by any club or organized group where launching facilities,
hull and engine repairs, boat and accessory sales, rentals, personal
services, fueling facilities, and storage or a combination of these
are provided. All outside boat storage areas shall be included in
and limited to the maximum permitted lot coverage.
The Town of Wolfeboro Master Plan, and any amendments which
may be made thereto, adopted by the Wolfeboro Planning Board as a
guide to the development and growth of the community.
The preconstruction natural grade not including site outcroppings
such as knolls and boulders, measured at ten-foot intervals around
the proposed building perimeter.[6]
[Added 3-14-2006 ATM by Art. 2]
An institution for the acquisition, preservation, study,
and exhibition of works of artistic, historical, or scientific value.
An area of land local to the use concerned, generally lying
within a radius of 1,000 feet, which has a set of unifying characteristics
such as housing style or quality, similar income strata, economic
livelihood, topographic features, water features, local recreational
facilities or convenience shopping. Factors such as a railroad and
highway rights-of-way, major streets, rivers, water bodies and severe
topographic constraints will form boundaries and serve to separate
neighborhoods.
A mathematical formula that is intended to represent the
build-out density of a tract of land using conventional development
practices. Net Development Density = [(total tract square footage
- square foot area of very poorly drained soils - square foot area
of slopes greater than 15% - 20% of the square foot area of the remaining
land (representing area necessary for conventional road construction
and ROW)/minimum lot size established by the underlying zoning district]
[Added 3-13-2001 ATM; amended 3-9-2010 ATM by Art. 4]
|
(Total area - vpd soils - slopes > 15% - 20% remaining area) ÷
min lot size zoning district
|
Up to 80% of the required conservation land may be included
within one or more large conservancy lots of at least 10 acres, provided
that the open space is permanently restricted from future development
through a conservation easement and that the municipality is given
the ability to enforce these restrictions.
[Added 3-9-2010 ATM by Art. 4]
A structure or building, the size, dimensions and location
of which were lawful prior to the adoption, revision or amendment
of a Zoning Ordinance but which fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of the
zoning district.
A lot, the area, dimensions and location of which were lawful
prior to the adoption, revision or amendment of the Zoning Ordinance
but which fails, by reason of such adoption, revision or amendment,
to conform to the present requirements of the zoning district.
A lawful use of a building, other structure or use of land
which predated the adoption of the zoning use regulations now and/or
previously in effect and which would not be a use authorized in the
district designation currently applied to that site.
Any well not owned and operated by the Town of Wolfeboro
or its agent.
See "day care."
See "elderly housing."
The predominant use classification of a building, structure
or land.
Open space performs a necessary or desirable function in relation to the adjoining residential use, and may include, among other similar areas, recreational areas, playgrounds and undeveloped land, but excluding land with slopes in excess of 25% and wetlands as defined in § 175-175.
[Amended 3-9-2010 ATM by Art. 4]
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
[Added 3-8-2022 ATM by
Art. 7]
Vegetation ranging from 15 feet to the top of the canopy.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek development
of land.
A space within or without a building, exclusive of driveways,
meeting the minimal requirements of this chapter, used to temporarily
park a motor vehicle and having access to a public street or driveway.
Outdoor light fixtures shielded or constructed so that no
more than 10% of the light rays are emitted by the installed fixture
at angles greater than 20° below the horizontal plane and shall
not extend above the horizontal plane, as certified by a photometry
test report.
[Added 3-8-2022 ATM by
Art. 7]
Any security acceptable by the Town as a guaranty that improvements
required as part of an application for development are satisfactorily
completed.
A use specifically permitted or analogous to those specifically permitted as set forth in Article VII.
Portable items of property used for the owner's noncommercial
personal enjoyment that are customarily used on a seasonal basis and
stored outside at the owner's residence when not in use. This definition
includes, but is not limited to, watercraft, trailers, campers, motor
homes, snowmobiles, ice houses, swim floats, and docks.
[Added 3-11-2008 ATM by Art. 3]
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel.
Shall be deemed to exist, for the purposes of this article,
if 10% or more of the gross floor area of a business is devoted to
the sale, display, depiction, or expression of specified sexual activities,
specified anatomical areas, or instruments, devices, or paraphernalia
which are designed for use in connection with specified sexual activities.
[Added 3-8-2022 ATM by
Art. 7]
The primary or predominant use to which the property is or
may be devoted and to which all other uses on the premises are accessory.
[Added 3-9-2010 ATM by Art. 4]
With permission of the Town, an owner may transfer either fee
simple title of the open space or easements on the open space to a
private nonprofit conservation organization or to the Town, provided
that:
The conservation organization is acceptable to the Town and
is a bona fide conservation organization intended to exist indefinitely;
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or Town becomes unwilling
or unable to continue carrying out its functions;
The conservation land is permanently restricted from future
development through a conservation easement and the Town is given
the ability to enforce these restrictions; and
A maintenance agreement acceptable to the Town is established
between the owner and the organization or the Town.
Dedication of easements to the Town. The Town may, but shall
not be required to, accept easements for public use of any portion
of the common land or facilities. In such cases, the facility remains
in the ownership of the condominium association, homeowner association,
or private conservation organization while the easements are held
by the Town. In addition, the following regulations shall apply:
A building containing one or more offices in which there
is no display of unrelated stock or wares in trade commodity sold
nor any commercial use conducted other than the professional offices
of a doctor, dentist, lawyer, architect, engineer and related laboratories
or other similar professional services, but excluding barbershops,
beauty salons or similar services.
A use which is not specifically permitted.
A public service corporation performing some public service
and subject to special governmental regulations or a governmental
agency performing similar public services, the services by either
of which are paid for directly by the recipients thereof. Such services
shall include, but are not limited to, water supply, electric power,
telephone, television cable, gas and transportation for persons and
freight.
The land surface area from which groundwater recharge occurs.
Outdoor activities that are operated by an entity other than
a unit of government and which are available for use, usually for
a fee, including but not limited to golf courses, ice skating rinks,
tennis courts, cross-country ski trails and the rental of nonmotorized
sports equipment, but excluding games and activities common to amusement
parks and arcades.
A structure or place in which worship ceremonies, rituals
and education pertaining to a particular system of beliefs are held.
A commercial establishment open to the general public where
food and beverage are prepared, served and consumed primarily within
the principal building. Restaurant drive-throughs are prohibited.
[Amended 3-8-2022 ATM by Art. 3]
A commercial establishment open to the general public which,
by design of physical facilities or by service or packaging procedures,
permits or encourages the purchase of prepared ready-to-eat foods
intended to be consumed either on or off the premises. Restaurant
drive-throughs are prohibited.
A restaurant which, by design of physical facilities, through
or to which one can drive, especially to be served without leaving
one's vehicle.
[Added 3-8-2022 ATM by Art. 3]
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
See "educational facilities."
A device or materials used to conceal one element of a site
from other elements or from adjacent or contiguous sites. Screening
may include one or a combination of the following materials of sufficient
mass to be opaque or which shall become opaque after 12 months and
which shall be maintained year-round in an opaque condition: walls,
fences, berms or plantings.
An open space on the same lot with a building and/or any
swimming pool, tennis court or like structure, open and unoccupied.
The required horizontal distance, in feet, from a lot line
or shoreline to any structure.
A setback extending across the full width of a lot between
the front lot line and the foremost point of any swimming pool, tennis
court or like structure, and the foremost building excluding steps.
A setback extending across the full width of a lot between
the rear lot line and the rearmost point of any swimming pool, tennis
court or like structure and/or the building nearest the rear setback.
A setback between a side lot line and the near most point
of the nearest building, swimming pool, tennis court or like structure
to it, extending from the required front setback to the required rear
setback.
An adult arcade, adult bookstore or video store, adult cabaret,
adult motion-picture theater or any establishment where, as one of
its principal business purposes, the public is permitted and invited
where specific sexual activities are depicted, described, or performed,
or specific anatomical areas are displayed, sold or presented, or
their images are displayed, sold or presented, including instruments,
devices or paraphernalia which are designed for use in connection
with specified sexual activities.
A bushy, wooden plant, usually with several permanent stems
and usually not over 10 feet high at its maturity.
A single piece of real estate which contains more than three
commercial establishments and a total business space of more than
3,200 square feet planned, constructed, and managed as a total entity
with customer and employee parking provided on site.
The minimum dimension of a lot which abuts all lakes and
ponds and perennial rivers/brooks.
A principal or accessory structure, device or inscription
that is arranged, intended, designed or used as an advertisement,
announcement or direction but not including those structures, devices
or inscriptions erected and maintained by any public agency in exercising
its duties.
A plan of a lot, tract or parcel of land showing the specific
location of all existing and proposed features, such as buildings,
other structures, driveways, parking, landscaping, easements, utilities,
drainage, etc.
A scale plan showing all buildings and structures, existing
and proposed, roadways, pathways, parking areas, recreational areas,
utilities, exterior lighting installations, landscaping, existing
and proposed grade elevations, stormwater drainage, type of construction
proposed (siding and roofing), all existing structures and uses within
200 feet of site boundaries, and any other elements as may be deemed
essential by the Planning Board. Such plan may be required to be drawn
by a registered engineer or land surveyor at the option of the Planning
Board. [NOTE: Pursuant to the authority vested in the Wolfeboro Planning
Board by the voters of the Town of Wolfeboro in accordance with the
provisions of RSA 674:43, I, the Wolfeboro Planning Board amended
the zoning regulations on March 8, 1988, to review and approve plans
for the development or change or expansion of uses of tracts of land
for nonresidential purposes whether or not such development includes
a subdivision or resubdivision of the site. Copies of these nonresidential
site plan review regulations are available for purchase in the Planning
Office in back of the Town Hall.]
Residual materials produced by the sewage treatment process.
A planting of evergreen trees and/or shrubs which will prevent
the penetration of sight and light to a minimum height of five feet.
Any discarded or abandoned material, including refuse, putrescible
material, septage or sludge, as defined by New Hampshire Solid Waste
Rule He-P 1901.03. Solid waste includes solid, liquid, semisolid or
gaseous waste material resulting from residential, industrial, commercial,
mining and agricultural operations.
A use which would not be appropriate generally or without
restriction in a particular district and accordingly is allowable
only upon such conditions as are established by this Part I and only
after public hearing and determination by the Zoning Board of Adjustment.
For the purposes of this Part I, the following are established as
conditions upon the grant of all special exceptions, subject to such
further conditions as may be defined elsewhere herein as to the uses
concerned.
That the specific site is an appropriate location
for the proposed use or structure.
That the proposal is not detrimental, injurious,
obnoxious or offensive to the neighborhood.
That there will be no undue nuisance or serious
hazard to pedestrian or vehicular traffic, including the location
and design of accessways and off-street parking.
That adequate and appropriate facilities and
utilities will be provided to insure the proper operation of the proposed
use or structure.
That the proposed use or structure is consistent
with the spirit of the Zoning Ordinance and the intent of the Master
Plan.
A permit for a use not otherwise permitted in the Wetlands
Conservation Overlay District which may be granted by the Planning
Board (as authorized by RSA 674:21, II), provided it meets the criteria
set forth in the Wetlands Overlay District.
Human genitals, anus or female breasts.
[Added 3-8-2022 ATM by
Art. 7]
Means and includes any of the following:
[Added 3-8-2022 ATM by
Art. 7]
A structure or part of a structure, for storing goods, wares
and merchandise, whether for the owner or for others. Storage facility
includes: self storage, warehouse and wholesale distribution centers.
[Added 2002 ATM]
A dedicated public right-of-way for vehicles which affords
a principal means of access to abutting properties.
That which is built or constructed with a fixed location
on the ground or attached to something having a fixed location on
the ground. Structures include but are not limited to a building,
swimming pool, billboard, pier, septic system, parking space/parking
lot and deck. It shall not include a minor installation such as a
fence under six feet high, a mailbox or a flagpole.
The division of the lot, tract or parcel of land into two
or more lots, plats, sites or other divisions of land for the purpose,
whether immediate or future, of sale, rent or lease. It includes resubdivision
and, when appropriate to the context, relates to the process of subdividing
or to the land or territory subdivided.
A period of less than 90 days when in reference to a time
frame and not having or requiring permanent attachment to the ground
when in reference to structures.
The 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 seven days, with at least 180 days passing
before being used again.
[Added 3-8-2022 ATM by
Art. 7]
A building or part of a building devoted to showing motion
pictures or dramatic, musical or live performances.
Any substances or mixture of such physical, chemical or infectious
characteristics as to pose a significant, actual or potential hazard
to water supplies or other hazard to human health if such substance
or mixture were discharged to land or waters of the Town. Toxic or
hazardous materials include, without limitation, volatile organic
chemicals, petroleum products, heavy metals, radioactive or infectious
wastes, acids and alkalies and include products such as pesticides,
herbicides, solvents and thinners and such other substances as defined
in the New Hampshire Water Supply and Pollution Control Rules, Section
Ws 410.04 (1), in New Hampshire Solid Waste Rule He-P 1901.03 (v)
and in the Code of Federal Regulations, 40 CFR 261, as amended.
A defined area of contiguous land.
Any self-supporting, woody perennial plant which has a trunk
diameter of three or 3 1/2 inches' caliper.
Vegetation ranging from three feet to 15 feet in height.
Any light source that distributes illumination above a ninety-degree
horizontal plane.
[Added 3-8-2022 ATM by
Art. 7]
The specific purpose for which a building or lot is arranged,
intended, designed, occupied or maintained.
A variation from the terms of this Part 1, not otherwise
permitted within the district concerned, which may be granted by the
Zoning Board of Adjustment pursuant to its discretionary power where
the Board finds that the granting of such variance will do substantial
justice and the intent of this Part 1 will still be observed. The
Board of Adjustment may in such case waive the literal enforcement
of the applicable provision(s) of this Part 1 and grant a variance
only where such literal enforcement would result in unnecessary hardship
to the applicant as only provided for in RSA 674:33.
Any mobile/portable device, not associated with an approved
business on the site, that is designed, constructed, or used to sell
prepared food or goods to the general public at a fixed location.
The device is customarily moved to the site at the start of each business
day and removed at the close of the business day. Also, the device
does not require a building permit to be located at its location.
For the purpose of the Wolfeboro Planning and Zoning Ordinance, vending
carts or vehicles are prohibited.
Areas which possess three essential characteristics:
HYDROPHYTIC VEGETATIONMacrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content;
HYDRIC SOILSSoils saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil strata; and
WETLAND HYDROLOGYPermanent or periodic inundation or soil saturation to the surface, at least seasonally during an average rainfall year, and are further defined by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands authored by the Federal Interagency Committee for Wetland Delineation, 1987.
This shall also include surface waters, defined
as freshwater ponds, lakes, creeks and perennial rivers or streams,
the boundaries of which are the local mean seasonal high-water level
or, for dammed streams, the height of the dam.
An individual duly qualified to identify and classify wetland
vegetation.
Any open space that lies between the principal building or
group of buildings and the nearest lot line and is unoccupied by any
structure, unless specifically permitted, and is further defined as
front yard, side yard, rear yard and shore front yard.
[1]
Editor’s Note: The definition of “accessory apartment,” which immediately preceded this definition, was repealed 3-14-2017 ATM by Art. 2. See now § 175-57.1C for said definition.
[2]
Editor's Note: The former definition of "access
road," which immediately followed, was repealed 3-13-2001 ATM.
[3]
Editor’s Note: The former definition of “bunkhouses
and guest cottages,” as amended 3-11-2003 ATM by Art. 3, which
immediately followed, was repealed 3-10-2009 ATM by Art. 3.
[4]
Editor's Note: The former definition of “frontage,”
which immediately followed this definition, was repealed 3-8-2011
ATM by Art. 9. See definition of “lot frontage.”
[5]
Editor’s Note: The former definition of “inn,”
which immediately followed this definition, was repealed 3-13-2018
ATM by Art. 3. See now the definition of “hotel-inn-motel.”
[6]
Editor’s Note: The former definition of “motel,”
which immediately followed this definition, was repealed 3-13-2018
ATM by Art. 3. See now the definition of “hotel-inn-motel.”
