[Amended 3-12-1996; 3-10-1998; 3-9-1999; 3-13-2001 by Amdt. No. 7; 3-12-2002 by Amdt. No. 3; 3-13-2007 by Amdt. No. 1; 3-16-2017 by Art. No. 2]
For the purposes of this chapter, certain words, terms or phrases shall bear the meanings defined in § 334-6, unless the context clearly indicates otherwise. Such words, terms and phrases shall appear in CAPITAL LETTERS when used as herein defined.
A.
Words in the present tense include the future.
B.
The singular includes the plural, and the plural includes the singular.
C.
Hierarchy:
(1)
Terms and words not defined in this article but defined in applicable
New Hampshire state statutes or regulations shall have the meanings
given therein.
(2)
Terms and words not defined in this article but defined in the Building
Code shall have the meanings given therein.
(3)
Terms and words not defined in this article, the RSAs or in the Building
Code shall have the meanings understood in common usage and as defined
in standard American dictionaries.
D.
In interpreting any portion of this chapter, it shall be held as
the minimum requirement adopted for promotion of the public health,
safety and general welfare of the Town. Whenever any provision of
this chapter is at variance with any other provision of the chapter,
or with the requirements of any other lawfully adopted rule or regulation,
the most restrictive, or that imposing the highest standard, shall
govern.
E.
In case of any difference in meaning or implication between the text
of these regulations and any caption, illustration, summary table
or illustrative table, the text shall govern.
F.
The words "shall,"" will," "shall not," "will not" or "may not" are
always mandatory and not discretionary, the word "may" is permissive.
G.
The terms "building" or "structure" include any part thereof.
H.
The term "person" includes an individual, a corporation a partnership,
an incorporated association, or any other similar entity.
I.
The terms "includes" and "including" shall not limit a term, definition
or set of examples to the specified examples, but are intended to
extend their meaning to all other instances or circumstances of the
like kind of character.
J.
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunctions "and," "or," or "either... or," the conjunction
shall be interpreted as follows:
(1)
"And" or "plus" indicates that all the connected items, conditions,
provisions or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
(3)
"Either ... or" indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
The following words have the following meanings for the purposes
of this chapter and do not affect or supersede definitions contained
in any other TOWN ordinance or regulation.
A
The visible or otherwise apparent intention of an owner to
discontinue a use of a structure or LOT.
Any person whose property is located in New Hampshire and
adjoins or is directly across the street or stream from the land under
consideration by the local land use board as defined in RSA 672:3.
For purposes of receipt of notification by a municipality of a local
land use board hearing, in the case of an abutting property being
under a condominium or other collective form of ownership, the term
"ABUTTER" means the officers of the collective or association, as
defined in New Hampshire RSA 356-B:3, XXIII.
The right vested in the owner of land to enter and return
from that land without obstruction to and from a public way.
A residential living unit that is within or attached to a
single-family dwelling, and that provides independent living facilities
for one or more persons, including provisions for sleeping, eating,
cooking, and sanitation on the same parcel of land as the principal
DWELLING UNIT it accompanies, as defined in RSA 674:71.[1]
A SEXUALLY ORIENTED BUSINESS that devotes display, shelf,
rack, table, stand or floor area, utilized for the display and sale
of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, tapes, records, CD-ROM's
or other forms of visual or audio representations which meet the definition
of "harmful to minors" and/or "sexual conduct" as set forth in NH
RSA 571-B:1; or
Instruments, devices or paraphernalia which are designed for
use in connection with "sexual conduct" as defined in NH RSA 571-B:1,
other than birth control devices.
A type of SEXUALLY ORIENTED BUSINESS that is a nightclub,
bar, restaurant, or similar establishment which meets the definition
of "harmful to minors" and/or "sexual conduct" as set forth in NH
RSA 571-B:1, and/or feature films, motion pictures, videocassettes,
DVDs, Blu-Ray discs, electronic media and storage devices, slides
or other photographic or electronic reproductions, a SUBSTANTIAL PORTION
of the total presentation time of which is devoted to showing of material
which meets the definition of "harmful to minors" and/or "sexual conduct"
as set forth in NH RSA 571-B:1.
A type of SEXUALLY ORIENTED BUSINESS that is an open lot
or part thereof, with appurtenant facilities, devoted primarily to
the presentation of motion pictures, films, theatrical productions
and other forms of visual productions, for any form of consideration
to persons in motor vehicles or on outdoor seats, in which materials
are shown which meet the definition of "harmful to minors" and/or
"sexual conduct" as set forth in NH RSA 571-B:1.
A type of SEXUALLY ORIENTED BUSINESS that is an establishment
offering goods, services or accommodations distinguished or characterized
by an emphasis upon the depiction of materials which meet the definition
of "harmful to minors" and/or "sexual conduct" as set forth in NH
RSA 571-B:1.
A type of SEXUALLY ORIENTED BUSINESS that is any place to
which the public is permitted or invited wherein coin-, token- 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, in which the images so displayed are devoted
to the showing of material which meets the definition of "harmful
to minors" and/or "sexual conduct" as set forth in NH RSA 571-B:1.
A type of SEXUALLY ORIENTED BUSINESS that has a capacity
of five or more persons, where for any form of consideration, films,
motion pictures, videocassettes, slides or similar photographic reproductions
are shown, and in which a SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION
TIME is devoted to the showing of material which meets the definition
of "harmful to minors" and/or "sexual conduct" as set forth in NH
RSA 571-B:1, for observation by patrons.
A type of SEXUALLY ORIENTED BUSINESS that is a theater, concert
hall, auditorium or similar establishment, either indoor or outdoor
in nature, which for any form of consideration regularly features
live performances, which are distinguished or characterized by an
emphasis on activities which meet the definition of "harmful to minors"
and/or "sexual conduct" as set forth in NH RSA 571-B:1.
Innovative siting techniques for use with commercial wireless
telecommunication facilities such as artificial trees, clock towers,
bell towers, steeples, light poles and similar alternative design
mounting structures which camouflage or conceal the presence of antennas,
towers or facilities; as well as utility pole and cable-based technologies.
ALTERNATIVE ENERGY SYSTEMS include wind, solar, geothermal,
fuel cell, hydroelectric and other similar energy production systems.
See:
The radiating system used to perform or achieve (transmit
and/or receive) a desired communication or telecommunication service.
The person, persons, corporation or other legal entity, or
their assigns, applying for a VARIANCE, SPECIAL EXCEPTION or APPEAL
OF ADMINISTRATIVE DECISION.
A cover or appurtenance that is permanent, retractable, temporary
or portable in nature and is attached to and wholly supported by a
building or other structure.
A 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.
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B
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A temporary sign of lightweight material (paper, plastic
or fabric) hung either with or without frames. Flags and insignias
containing only markings of any government, corporation or business
are not considered "banners" and are defined separately as "flags."
The standard described in the current of Erosion and Sediment
Control Design Handbook for Developing Areas of New Hampshire prepared
by United States Department of Agriculture Soil Conservation Services.
[Amended 3-10-2020 ATM, Art. No. 2
See "BEST MANAGEMENT PRACTICE."
Unless otherwise specified, "BOARD" or "ZONING BOARD OF ADJUSTMENT"
means the Town of Hudson, NH, ZONING BOARD OF ADJUSTMENT as appointed
by the Town Selectmen.
A wetland distinguished by stunted evergreen trees and shrubs,
the presence of peat deposits and/or highly acidic soil and/or water
conditions as defined in the New Hampshire Code of Administrative
Rules issued by the New Hampshire Wetlands Board.
[Amended 3-10-2020 ATM, Art. No. 2]
The protected upland areas adjacent to wetlands and surface
waters in the Wetlands Conservation Overlay District.
[Amended 3-10-2020 ATM, Art. No. 2]
Any structure used or intended for supporting or sheltering
any use of occupancy.
[Added 3-9-2021]
A certificate obtained from the Planning Board entitling
the holder to obtain one building permit for one dwelling unit. Dwelling
units, as defined in this article, include single-family homes and
duplexes on individual lots, as well as individual condominium units
and apartments in multifamily structures shown on approved site plans.
A building certificate is valid for a period of two years from the
date of issuance, by which time it must be redeemed for a building
permit, or expire.[2]
A building in which a use that is customarily incidental
and subordinate to that of the principal use is being conducted, including
temporary or portable structures.
[Added 3-9-2021]
A building having any portion of one or more walls or roof
in common with adjoining buildings.
A building not sharing any walls or portions of any walls
or roof with adjoining buildings.
The perimeter of that portion of a building nearest a property
line, but excluding open steps, terraces, cornices and other ornamental
features projecting from the building of structure.
[Added 3-9-2021]
A building in which a principal use is being conducted.
[Amended 3-9-2021]
The minimum required distance between the property line and
the building line.
[Amended 3-9-2021]
Any sign affixed, mounted, attached to or painted onto the
exterior of a building, including awnings, canopies, roof-mounted
and projecting signs.
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A temporary or permanent covered structure, the primary purpose
of which is to shield the area beneath it from the elements, and which
is supported by posts, poles, columns or other elements directly on
or into the ground.
A freestanding, lightweight structure used to house vehicles
and constructed of tube framing and is partially covered by a canvas,
polyethylene or other woven or nonwoven fabric or sheeting cover.
This type of structure typically has no side walls and can be easily
disassembled and moved. See also "CANOPY."
See NH RSAs.
A professional soils scientist currently certified by the
state of New Hampshire pursuant to New Hampshire state statutes and
licensed to practice in the state.
[Added 3-10-2020 ATM, Art. No. 2]
A person qualified to delineate wetland boundaries and prepare
wetland maps who is currently certified by the State of New Hampshire
Board of Natural Scientists, as defined by RSA 310-A:76, II-a.
[Added 3-10-2020 ATM, Art. No. 2]
The care and supervision of a child away from the child's
home and apart from the child's parents.
Any person, corporation, partnership, voluntary association
or other organization, either established for profit or otherwise,
which regularly receives for child day care one or more children,
unrelated to the operator or staff of the agency. The total number
of hours in which a child may remain in child day care shall not exceed
13 hours per day, except in emergencies. The types of child day-care
agencies are defined as follows:
PRESCHOOL PROGRAMA child day-care agency providing care and a structured program for children three years of age and older who are not attending a full-day school program. The total amount of hours a child may be enrolled in a preschool program shall not exceed five hours per day.
A professional soils scientist certified by the State of
New Hampshire pursuant to New Hampshire state statutes and licensed
to practice in the state.
A professional wetland scientist certified by the State of
New Hampshire pursuant to New Hampshire state statutes and licensed
to practice in the state.
The placement of more than one ANTENNA or INTEGRATED ANTENNA
ARRAY on a supporting structure, and appurtenant equipment and devices
on the supporting structure and/or ground, necessary to perform or
achieve a desired telecommunication service or radio service which
is discrete from any other telecommunication or radio service(s) located
on the same supporting structure.
A vehicle used in commerce, which does not exceed 13,000
pounds gross weight.
A vehicle used in commerce, which exceeds 13,000 pounds gross
weight.
Any structure, ANTENNA, MAST, tower or other device used
to provide a discrete commercial telecommunication service by a single
provider or multiple CO-LOCATED providers to a broad base of usually
unrelated users; generally including, but not limited to, cellular
telephone, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR) and paging.
A parcel of land capable of being occupied by one principal
structure or use and its accessory structures or uses and as shown
and identified as such on a plat as defined in the TOWN Code.
See lot, corner.
[2-2-2019 ATM, Art. 03, adopted 3-12-2019]
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A child day-care agency in which child day care is provided
for any part of a day, for five or more children under the age of
three years.
Signs identifying entrances, exits, parking areas or loading
docks or providing other messages necessary to direct vehicles and
pedestrians through or within a site.
Signs which identify or locate the occupants of buildings.
An area of land within the TOWN designated as one of the five land use classifications in § 334-9 of this ordinance.
A residential principal building with two DWELLING UNITS,
separated either vertically or horizontally, by a fire wall, and with
each unit having its own separate entrance.
[Amended 3-10-2020 ATM, Art. No. 3]
One or more rooms arranged for living, sleeping and cooking
purposes with sanitary facilities for the use of one or more individuals
living as a single housekeeping unit.
Three or more DWELLING UNITS attached by any portion of one
or more floors, walls or roofs.
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E
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Electronic message center (EMC), electronic message sign
(EMS) and changeable copy board (CCB) signs that display illuminated
messages that can change frequently, can flash, display and/or convey
messages in text, graphics, pictures, symbols, multiple colors, rhythms,
animation and/or patterns. This sign's message may be changed by the
electronic switching of lamps, illuminated tubes, bulbs and/or through
the apparent movement of light. These signs are capable of storing
and/or displaying single or multiple messages in various formats at
varying intervals. Definitions related to ELECTRONIC CHANGING SIGNS
are:
BRIGHTNESSAlso known as "intensity"; the LED Industry measures display intensity in candelas per square meter, which is also referred to as "NITS."
DIMMINGThe ability to increase or decrease the overall display intensity brightness.
DIODEAlso called "light-emitting diode" (LED) or "surface-mounted diode" (SMD).
LED (LIGHT-EMITTING DIODE/SMD)A solid-state component that uses a semiconductor (a silicon chip or some type of semiconductor) that emits visible light when electric current passes through it.
LUMINANCEThe amount of light that passes through or is emitted from a particular area. The SI unit for luminance is candela per square meter.
NIT or NITSA luminance-measuring unit equal to one candela (one candle) per square meter measured perpendicular to the rays from the source.
SI UNITAn abbreviation for the International System of Units.
TEXTAny form in which writing exists.
The designated, legally recognized engineer or surveyor of
the APPLICANT, licensed by the State of New Hampshire, as may be pertinent
to the actual services to be performed in accordance with the provisions
of RSA 310-A:1 et seq. and as amended.
The federal agency responsible for implementing the Clean
Water Act, including the National Pollutant Discharge Elimination
System (NPDES) program.
The placement of goods for sale or for advertisement, outside
of the building or structure, including but not limited to vehicles,
garden supplies, gas, tires, motor oil, food and beverages, whether
or not contained in vending machines, boats, farm equipment, motor
homes and clothes.
A sign illuminated by an external electrical source similar,
but not limited to, an uplight spotlight or top-hung art light. The
external electrical source may be turned on/off manually.
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F
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Average annual percentage increase in residential building
permits issued in the six adjacent municipalities of Litchfield, Londonderry,
Nashua, Pelham, Windham and Tyngsborough, MA, for the preceding five-year
period.
An occupied residence in which child day care is provided
for less than 24 hours per day, except in emergencies, for up to six
children from one or more unrelated families. The six children shall
include any foster children residing in the home and all children
who are related to the caregiver except children who are 10 years
of age or older. In addition to the six children, up to three children
attending a full-day school program may also be cared for up to five
hours per day on school days and all day during school holidays.
An occupied residence in which child day care is provided
for less than 24 hours per day, except in emergencies, for seven to
12 children from one or more unrelated families. The 12 children shall
include all children related to the caregiver and any foster children
residing in the home, except children who are 10 years of age or older.
In addition to the 12 children, up to five children attending a full-day
school program may also be cared for up to five hours per day on school
days and all day during school holidays.
The person, whether individual or corporate, who pays an
impact fee in conjunction with the issuance of a building permit or
occupancy permit.
Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever; does not include electronic changing signs (message center).
Any sign not affixed or attached to a building which is established
on a freestanding frame, mast or pole.
The distance measured along the FRONT LOT LINE between points
of intersection with the SIDE LOT LINES. FRONTAGE along cul-de-sac
roadways (HIGHWAYS) shall be measured at the appropriate yard building
SETBACK depth from the FRONT LOT LINE between the points of intersection
with the SIDE LOT LINES. "FRONTAGE" shall be contiguous and measured
along the joining boundary of the FRONT LOT LINE and a Class V or
better public RIGHT-OF-WAY. Lot lines bordering limited access roads
cannot be considered "FRONTAGE." FRONTAGE shall be capable of providing
ACCESS.
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G
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Retail stores and service establishments other than those
listed in the Table of Permitted Principal Uses.[3]
A child day-care agency in which child day care is provided
for preschool children and up to five school-age children, whether
or not the service is known as day nursery, nursery school, kindergarten,
cooperative, child development center, day-care center, center for
the developmentally disabled, progressive school, Montessori school,
or by any other name.
A cable-type appurtenant device which is used to secure and
steady a tower or mast; and includes all hardware which attaches the
cable to the tower or mast and to the ground.
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H
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The distance measured from the ground adjacent to the structure,
or some other alternatively specified point, up to the highest point
of a BUILDING, ANTENNA, STRUCTURE or a supporting structure.
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
Any travelway, dedicated to or accepted by the Town, whether
improved or unimproved, within the TOWN OF HUDSON that is available
as public use for travel, regardless of whether or not its popular
or legal name contains the term "street," "highway," "road," "roadway,"
"route," "avenue," "boulevard" or other such nomenclature, which shall
include any Class VI roads within HUDSON. In this code, the terms
street, road, route, roadway or avenue may be used interchangeably
with HIGHWAY.
The accessory use of a residence for business purposes which
is clearly incidental to the principal residential use, provided that
the use does not significantly change the residential character or
function of the property.
Housing that qualifies as "Housing for Older Persons" as defined in § 334-70 and developed according to the provisions of § 334-71 of the Town of Hudson Zoning Ordinance.
The TOWN of HUDSON, New Hampshire.
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A sign that inflates with air or helium to display advertisements
or promotional activities typically known as, but not limited to,
tubes, tubes in motion, inflatables, rotatable inflatables or rooftop
balloons.
An ANTENNA, MAST or MONOPOLE containing multiple coordinated
radiating elements.
A sign that has an internal light source (such as LED, neon
or bulb) that may be turned on/off either manually or by remote control
and used to display text that is manually affixed to and/or manually
changeable in an external message area.
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Any material, such as, but not limited to, discarded metal,
glass, paper, building debris, demolition debris, salvage materials,
rubber, textiles, rubbish or trash or junked, dismantled or wrecked
motor vehicles or motor vehicle parts.
A commercial establishment or place of business which is
used for storing, keeping, buying or selling junk but not including
approved solid waste disposal facilities or registered motor vehicle
dealers.
Any place of storage or deposit, whether in connection with
another business or not, which has two or more unregistered motor
vehicles which are no longer fit for legal use on public highways
or any combination of motor vehicle parts or materials, the sum of
which in build is equal to or greater than two or more motor vehicles.
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A sign that uses light-emitting diodes to form numbers, as
in digital clocks, transmit information to the sign from remote controls,
form text images and/or illuminate from tiny bulbs that fit into an
electrical circuit.
A single contiguous parcel of land. (See also CONFORMING
and NONCONFORMING)
A corner lot is defined as a lot located at the intersection
of two HIGHWAYS that has frontage on each HIGHWAY.
[2-2-2019 ATM, Art. 03, adopted 3-12-2019]
The property line dividing a lot from any street (HIGHWAY)
or public RIGHT-OF-WAY without regard to the arrangement or orientation
of buildings or structures on the lot.
The property line opposite the front lot line, except in
the case of corner lots where the owner has the option of choosing
which of the property lines not contiguous with streets (HIGHWAYS)
or public RIGHTS-OF-WAY is to be considered the "rear lot line."
A lot lawfully existing at the effective date of this chapter, or any subsequent amendment thereto, which is not in conformity with all provisions of this chapter. Notwithstanding the minimum lot area requirements set forth in § 334-27, in any DISTRICT in which structures are permitted, a structure may be erected on a lot which was a LEGAL LOT OF RECORD, even though such lot fails to meet the present requirements for frontage or area, or both, that are applicable for that use in the DISTRICT allowed; provided, however, that such lot is not contiguous with another lot or lots in the same ownership, provided that the property is either on Town sewer or the property owner obtains a state and/or municipal septic permit, and further provided that the zone's minimum front, side and back yard SETBACKS are satisfied.
Land designated as a separate and distinct parcel prior to
the date of posting (November 3, 2000) of this article either in a
legally recorded deed filed with the Hillsborough County Registry
of Deeds or lots or units described as part of a subdivision or site
plan recorded at the Hillsborough County Registry of Deeds prior to
the date of posting. For the purpose of this article, a lot of record
shall also be defined to include separately defined condominium units,
as well as individual units in duplexes and multifamily structures,
shown on site plans and/or subdivision plans accepted for review by
the Hudson Planning Board prior to the date of posting.
An interior lot, the FRONT and REAR LOT LINES of which abut
streets (HIGHWAYS), or a corner lot two opposite lines of which abut
streets (HIGHWAYS); any lot that has street (HIGHWAY) frontage along
two or more nonadjacent LOT LINES.
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M
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A home built entirely in a factory under the federal building
code administered by the Department of Housing and Urban Development
(HUD), and constructed to meet the current Manufactured Home Construction
and Safety Standards (HUD Code). A manufactured home is permanently
attached to a steel frame, can be moved from one TOWN-approved location
to another TOWN-approved location, and is considered personal property.
MANUFACTURED HOUSING does not include MODULAR HOUSING, nor campers
or recreational mobile homes.[4]
A wetland where the vegetation is distinguished by the absence
of trees and shrubs and dominated by soft-stemmed herbaceous plants
and other emergent vegetation, such as grasses, reeds and sedges.
The water table is at or above the surface throughout the year but
can fluctuate seasonally.
[Amended 3-10-2020 ATM, Art. No. 2]
Includes the tower, base plate, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment for anemometers and vanes, data loggers, instrument
wiring, and any telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous wind information or to characterize the wind
resource at a given location. For the purpose of this article, "met
towers" shall refer only to those whose purpose is to analyze the
environmental factors needed to assess the potential to install, construct
or erect a small wind energy system.
A home built entirely in a factory under the current NH State
building code, which is also a part of the current IRC (International
Residential Code). A modular home is assembled on site, cannot be
moved, is considered real property, and is allowed in all residential
districts in the TOWN.
A freestanding tower consisting of a single pole, constructed
without guy wires or lattice characteristics, which relies solely
on self-support (direct attachment to the ground) to remain upright.
The installation of permanent markers that define corners,
boundaries, and rights-of-way when surveying land.
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The subdivision, building construction or other land use
change which results in: a net increase in the capital facilities
service demands as identified in the Planning Board's impact fee schedules;
and/or the conversion of a legally existing use to another use or
activity which created an increase in capital facilities service demands.
The difference between the electricity supplied to a customer
over the electric distribution system and the electricity generated
by the customer's wind or solar energy system that is fed back into
the electric distribution system over a billing period.
The New Hampshire Department of Transportation.
The New Hampshire Department of Environmental Services.
A center or family home in which child day care is provided
during the evening and night hours. A child day-care agency may be
licensed for day care, night care, or both.
A parcel of land not capable of being occupied by one principal
structure or use and its accessory structures or uses and as shown
and identified as such on a plat as defined in the Town Code.
A place where a person who appears in a state of nudity or
displays male genitals in a state of sexual arousal and/or the vulva
or more intimate parts of the female genitals, and is observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration or such display
is characterized by an emphasis on activities which meet the definition
of "harmful to minors" and/or "sexual conduct" as set forth in NH
RSA 571-B:1.
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O
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A shipping container of the type typically used for freight
movement. Constructed of steel and typically sealed from the weather
and lockable. Also known as "cargo container," "CONEX container" and
"land/sea container."
A form of land subdivision where lot size and other dimensional
requirements and minimum road widths may be reduced in exchange for
the permanent preservation or provision of proportional areas of open
space, farmland, recreational land and other lands.
The placement of goods outside of a building or structure.
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An off-street space, whether inside or outside a structure,
for exclusive use as a parking stall for one motor vehicle.
A facility predominantly providing uses including, but not
limited to, hair salons, barber shops, manicures, health spas, tailors,
dry cleaners, tattooing, body piercing, fortune telling and other
psychic services, cobblers and massage therapy.
The map, drawing or chart on which the final PLAN of SUBDIVISION
is presented to the PLANNING BOARD, and which, if approved, shall
be filed or recorded with the Hillsborough County Register of Deeds.
Soils where the water is removed so slowly that the soil
is saturated periodically during the growing season or remains wet
for long periods of time as defined in the United States Soil Conservation
Service Soils Survey of Hillsborough County, Eastern Half (latest
edition).
[Amended 3-10-2020 ATM, Art. No. 2]
See "CAR CANOPY."
A freestanding, lightweight structure used to house vehicles
and constructed of tube framing and fully enclosed by a canvas, polyethylene
cover or other woven or nonwoven fabric or sheeting. This structure
type typically has no permanent footing or floor and can be easily
disassembled and moved.
A sign that is movable, typically set up on a daily basis
outside the business establishment, such as, but not limited to, sandwich
boards, swinger sidewalk signs, portable billboards, Portasigns, Portasigns
in motion or roadside readerboards.
The transmission system, managed by ISO New England, created
to balance the supply and demand of electricity for consumers in New
England.
Any TOWER, MAST, MONOPOLE or ANTENNA lawfully constructed
or permitted prior to the adoption of this article. Also, any TOWER,
MAST, MONOPOLE or ANTENNA lawfully constructed in accordance with
this article which predates an application currently before the Town.
Any use that may endanger the health, safety, peace or enjoyment
of the community or a neighborhood due to the emission of smoke, fumes,
particulates, noise, vibration, radiation, visual blight or any other
like condition.
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Any structure, ANTENNA, MAST, MONOPOLE or other radio installation
device used to achieve desired communication(s) by a user with a narrow
base of related or unrelated users; generally including, but not limited
to, amateur radio service, general mobile radio service, citizens
band radio service, low-power radio service, aeronautical and marine
communications and any other similar radio communications or service
which is not specifically named within this definition.
Any ANTENNA, MAST, MONOPOLE or other device designed and
constructed with the intent to receive broadcast signals typically
for household use; including, but not limited to, personal satellite
and off-the-air television signals and AM, FM, shortwave and other
similar radio signals.
A vehicle, motorized or not, which is designed and used primarily
for the purpose of recreation, including but not limited to the following:
vehicles defined in RSA Chapter 215, boats, motorhomes and recreational
trailers.
Includes areas for which future public use is intended for
street (HIGHWAY) connections, for street (HIGHWAY) improvements and
for street or pedestrian ways giving ACCESS to land dedicated for
public use.
The area of land owned, used by or available to the Town
for street (HIGHWAY) purposes, including any ancillary purposes thereto.
The NH Revised Statutes, Annotated.
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S
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A use of land or of a building or of a portion thereof which
is unrelated to the principal use of the land or building.
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
A business or commercial enterprise that as one of its primary
business purposes offers for any form of consideration:
Businesses generally falling into categories regulated or
defined in NH RSA 571 et seq. See:
ADULT BOOKSTORE/ADULT VIDEO STORE.
ADULT CABARET.
ADULT DRIVE-IN THEATER.
ADULT USE ESTABLISHMENT.
ADULT MOTION-PICTURE ARCADE.
ADULT MOTION-PICTURE THEATER.
"THE TOTAL PRESENTATION TIME."
"SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION TIME."
SEXUAL ENCOUNTER CENTER.
SEXUALLY ORIENTED BUSINESS.
NUDE MODEL STUDIO.
The visible flicker effect when rotating blades of the wind
generator cast shadows on the ground and nearby structures, causing
a repeating pattern of light and shadow.
See "ACCESSORY BUILDING."
An object, display device or structure visible to the public
from the exterior of a building which contains any combination of
lights, letters, words, objects, graphics, figures, designs, symbols,
pictures, logos or colors which are intended to advertise, identify,
direct, convey a message to the public or attract attention to an
object, person, institution, organization, business or service. See:
A wind energy conversion system consisting of a wind generator,
a tower, and associated control or conversion electronics, which has
a rated capacity of 100 kilowatts or less and will be used primarily
for on-site consumption.
"Overburden," as described in Basic Soils Engineering, by
B.K. Hough, Second Edition, 1969, a copy of which is on file in the
office of the Town Engineer.
The person holding the title of TOWN PLANNER for the Town
of Hudson, NH, and, under his or her supervision, any Town administrative,
clerical and legal personnel who are engaged by or are employees of
the Town.
A plan which outlines project features, proposed temporary
and permanent erosion control features, maintenance schedules and
practices, and the design basis used to establish temporary and permanent
stormwater design features.
A plan required by the EPA that clearly describes appropriate
pollution control measures that include a description of all pollution
control measures (i.e., BMPs) that will be implemented as part of
the construction activity to control pollutants in stormwater discharges
and describes the interim and permanent stabilization practices for
the site.
The water from precipitation that is not absorbed, evaporated,
or otherwise stored within the contributing drainage area.
A combination of materials assembled at a fixed location
to give support or shelter, such as, but not limited to, a building,
bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent,
stadium, reviewing stand, platform, bin, fence, sign, flagpole or
portable or temporary canopy or garage.
The registered OWNER or authorized agent of the registered
OWNER of a SUBDIVISION.
The division of a tract or parcel of land into two or more
LOTs for the purpose, whether immediate or future, of sale, rent,
lease or building development, or requiring the extension of municipal
utilities, or the creation of one or more new streets, or the extension
of existing streets; provided, however, that DEVELOPMENT for agricultural
purposes is expressly excluded. When appropriate to the context of
this chapter, the term "SUBDIVISION" shall relate either to the process
of subdividing or to the land or area subdivided.
For the purposes of this chapter, "substantial portion of
the total presentation time" shall mean the presentation of films
or shows described above for viewing on more than seven days within
any fifty-six-consecutive-day period.
Those portions of waters of the state, as defined by RSA
485-A:2.XIV, which have standing or flowing water at or on the surface
of the ground. This includes, but is not limited to, perennial and
seasonal streams, lakes, ponds, and tidal waters.
[Amended 3-10-2020 ATM, Art. No. 2]
A target number of building permits to be issued in Hudson
in the current year equaling the fair-share region average growth
rate for the preceding five years times the total number of dwelling
units existing in Hudson in the preceding year. Round any fraction
calculated herein to the next whole number.
A wetland that is dominated by trees and/or shrubs.
[Amended 3-10-2020 ATM, Art. No. 2]
Stormwater pollution prevention plan (see § 290-5).
When applied to ALTERNATIVE ENERGY SYSTEMS, any change to
the small wind, solar or other ALTERNATIVE ENERGY SYSTEM that materially
alters the size, type or location of the system. Like-kind (same size
and general conformation) replacements shall not be construed to be
a modification.
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T
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The total number of dwelling units in Hudson on December
31. This number includes single-family homes, as well as dwelling
units in duplexes, apartments, condominium developments and other
multifamily structures. Note: For 1999, the DU number is 7,965 based
on an estimated accounting of the number of dwelling units.
The professional engineer who holds the position of Town
Engineer for the Town of Hudson, or his or her designated representative,
either in a permanent or temporary capacity.
The Town of Hudson, NH.
The person occupying the position of the Town of Hudson,
NH, Town Planner.
A structure which is designed and constructed to support
one or more antennas used by commercial wireless telecommunication
facilities and includes all appurtenant devices attached to it. A
tower can be freestanding (solely self-supported by attachment to
the ground) or supported (attached directly to the ground and with
guy wires) of either lattice or monopole construction.
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U
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Any use which is customary, incidental and subordinate to
the principal use of a structure or lot.
The main or primary purpose for which a structure or lot
is used.
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V
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A variance is a request to deviate from current zoning requirements.
If granted, it permits the owner to use the land in a manner not otherwise
permitted by the zoning ordinance. It is not a change in the zoning
law. Instead, it is a specific waiver of requirements of the zoning
ordinance.
Soils where the water is removed so slowly that free water
remains at or on the surface during most of the growing season as
defined in the United States Soil Conservation Service Soils Survey
of Hillsborough County, Eastern Half (latest edition).
[Amended 3-10-2020 ATM, Art. No. 2]
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W
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Pursuant to RSA 482-A:2.X, an area that is inundated or saturated
by surface or groundwater at a frequency and duration sufficient to
support, and that under normal conditions does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
[5]
[Amended 3-10-2020 ATM, Art. No. 2]
The blades and associated mechanical and electrical conversion
components mounted on top of the tower whose purpose is to convert
the kinetic energy of the wind into rotational energy used to generate
electricity.
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Y
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See Bylaws Chapter 143 TOWN Code.
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[1]
Editor's Note: The former definitions of "accessory building
or shed" and "accessory structures," which immediately followed this
definition, were repealed 3-9-2021.
[2]
Editor's Note: The former definition of "building, structure
(accessory), which immediately followed this definition, was repealed 3-9-2021. See now the
definition of "building, accessory."
[3]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
[4]
Editor’s Note: The definition of “major commercial
project,” which immediately preceded this definition, was repealed
3-13-2018 ATM by Amdt. No. 5.
[5]
Editor's Note: The former definitions of "wetland buffer"
and "Wetland Conservation District," which immediately followed this
definition, were repealed 3-10-2020 ATM, Art. No. 2.
