For the purpose of this chapter, certain terms or words herein
shall be interpreted or defined as follows:
A.Â
Words used in the present tense include the future tense. The singular
includes the plural.
B.Â
The word "person" includes a corporation, as well as an individual.
C.Â
The word "lot" includes the word "plot" or "parcel."
D.Â
The term "shall" is mandatory; "may" is permissive.
E.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
A residential living unit that is within or attached to a
single-family dwelling, or located in a legally existing accessory
structure on the same lot, and that provides independent living facilities
for one or more persons, including provisions for sleeping, eating,
cooking, and sanitation on the same parcel of land as the principal
dwelling unit it accompanies.
[Added 5-8-2017 by Ord.
No. 2017-235-04[1]]
Any use customarily incidental, related and clearly subordinate
to a principal use established on the same lot or premises.
A plot of land equaling 43,560 square feet or 0.4045 hectares
in area.[2]
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals useful to man, including but not
limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products, poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations
or hybrids thereof, including the breeding and grazing of any or all
of such animals; bees and apiary products; fur animals; trees and
forest products; fruits of all kinds, including grapes, nuts and berries;
vegetables; nursery, floral, ornamental and greenhouse products; or
lands devoted to a soil conservation or forestry management program.
A place where airplanes, helicopters or other aircraft can
land and take off and may include hangars, facilities for refueling
and repair and accommodations for passengers and pilots.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A dedicated public thoroughfare, other than a street, which
affords a secondary means of access to the rear or side of abutting
property and which is 20 feet or more in right-of-way width, unless
preexisting.
[Amended 10-14-1997 by Ord. No. 10.97.10]
An indoor or outdoor area or open structure, open to the
public, that contains coin- or token-operated games, rides, pool hall,
bingo hall, shows or similar entertainment facilities and devices.
A facility, primarily outdoors, that may include structures
and buildings, where there are various devices for entertainment,
including rides, booths for the conduct of games or sale of items,
buildings for shows and entertainment and restaurants and souvenir
sales.
A device used to transmit and/or receive electromagnetic
waves between terrestrially and/or orbitally based structures.
A plan that has been granted final approval by the appropriate
approving authority which supersedes all prior plans of record.
A use or structure which is incidental and subordinate to
a principal use or structure.
A structure or complex of structures for housing the visual
and/or performing arts.
Residences or living facilities, including nursing homes
as licensed by the State of New Hampshire, which provide communal
support facilities, which may include housekeeping, medical services,
recreational, social activities or transportation.
[Added 10-14-1997 by Ord. No. 10.97.10; amended 5-22-2000 by Ord. No. 05.2000.05]
An elevation at or below the ground surface which is the
average between the seasonal high-water table and the lowest elevation
of annual water table fluctuation.
The elevation of the land surrounding a structure, measured
as the average of the elevation of the highest and lowest points of
each side of the foundation.
Any area of the building having its floor below ground level
on all sides.
A natural or artificially created level or nearly level sandy
area adjacent to a body of water, open to the general public and operated
as a business.
[Added 5-22-2000 by Ord. No. 05.2000.05]
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also, any light with one or more beams that rotate or move.
An owner-occupied dwelling unit that provides overnight accommodations
and a morning meal to transients for compensation.
A dwelling, other than a hotel or motel, where lodging or
lodging and meals are provided for compensation and personal services
such as laundry may be offered.
All the property fronting on one side of a street, right-of-way,
waterway, end of a dead-end street or City boundary measured along
the street line.
That land area other than areas which consist of wetlands
or steep slopes, and excluding setbacks, height and configurational
limitations.
[Amended 10-14-1997 by Ord. No. 10.97.10]
Any structure having a roof supported by columns, walls or
other structural support.
Any subordinate building or portions of the main building,
the use of which is customarily incidental to that of the main building
on the same lot or premises and which is used primarily by the occupants
of the main building.
A nonbasement building which was initially designed or built
to have the bottom of the lowest floor beam (or equivalent floor support)
above the ground level by extended wall foundation, shear walls, posts,
piers, pilings or columns such that there would be air space between
the lowest floor beam and the ground. In A Zones, a building placed
on fill dirt to raise its lowest floor may be an "elevated building."
A building originally constructed as an elevated building is considered
always to be an elevated building, regardless of any subsequent modifications.
(Note: This definition is for purposes of application of the Floodplain
District provisions.)
The building in which is conducted the principal use of the
lot on which it is located. Lots with multiple principal uses may
have multiple principal buildings, but storage buildings, garages
and other clearly accessory uses shall not be considered "principal
buildings."
The distance between the closest point of any two structures
and all appurtenances attached thereto, excluding roof overhang of
two feet or less.
Within a commercial setting, large single retail items which
occupy six square feet of floor area or greater; merchandise examples
include, but are not limited to, carpeting, appliances, furniture,
stoves, hot tubs and lawn equipment. This merchandise is typically
not carried out by the purchaser.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units as temporary
living quarters for recreation, education or vacation purposes.
Any tent, trailer, cabin, lean-to, recreation vehicle or
similar structure established or maintained and operated in a campground
as temporary living quarters for recreation, education or vacation
purposes.
Any building or portion of a building or property utilized
for the cleaning of vehicles.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Property used for the interring of the dead.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A person who, by reason of special knowledge acquired by
professional education and practical experience, as specified by RSA
310-A:84, is qualified to practice soil science and who has been duly
certified by the State of New Hampshire.[3]
A person who, by reason of special knowledge acquired by
professional education and practical experience, as specified by RSA
310-A:84, is qualified to practice wetland science and who has been
duly certified by the State of New Hampshire.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
A division of land into lots or sites available for building,
where said lots are clustered together into one or more groups, separated
from adjacent property and other groups of lots by intervening common
land.[4]
A business establishment which produces printed documents
or images through the use of transformation of chemical materials
or substances and includes the blending of gases or liquids.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Any structure designed and constructed primarily for the
purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A use permitted in a particular zoning district upon a finding
by the Planning Board that such a use in a specified location will
comply with all the conditions and standards for the location and
operation of the use as specified by this chapter.
A permit issued by the Planning Board for a conditional use.
A facility which is used for the provision of services for
meetings, conferences, exhibition space or seminars and, further,
may provide accommodations for sleeping, food preparation and eating,
recreation, entertainment, resource facilities and meeting rooms.
[Amended 10-14-1997 by Ord. No. 10.97.10][5]
Any lot situated at the intersection of two or more streets.
The City Council of the City of Laconia.
An establishment, licensed by the State of New Hampshire,
providing for the care, supervision and protection of adults or children.
[Added 10-14-1997 by Ord. No. 10.97.10]
The numbers of persons or dwelling units per unit of land.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle.
A structure, which may or may not be attached to the shoreline,
constructed over and in the water adjacent to the shoreline for the
purposes of securing watercraft.
[Added 8-13-2001 by Ord. No. 05.2001.05]
A building used as group living quarters for a student body
or religious order as an accessory use for a college, university,
boarding school, convent, monastery or other similar institutional
use.
An establishment or part thereof that by design, physical
facilities or service that encourages or permits customers, by individual
access to a window or remote station, to receive services or obtain
goods while remaining in their motor vehicle.
[Amended 10-14-1997 by Ord. No. 10.97.10]
An establishment which cleans clothing and other products
through a chemical process.
[Added 10-14-1997 by Ord. No. 10.97.10]
A compartment, space or other measurable area within a structure
or outside which is used for the purpose of storing watercraft with
or without access for launching by the owner, either directly or through
the storage operator.
[Added 10-14-1997 by Ord. No. 10.97.10; amended 5-22-2000 by Ord. No. 05.2000.05]
A building or portion thereof that provides living facilities
for one or more households.
A building on a single lot of record containing three or
more dwelling units, including units that are located one over the
other.
A building on a single lot of record containing two dwelling
units, including units that are located one over the other.
[Amended 10-14-1997 by Ord. No. 10.97.10]
One or more rooms designed, occupied or intended for occupancy
as a separate living quarter with cooking, sleeping, sanitary facilities
provided within the dwelling unit for the exclusive use of a single
household.
[Amended 10-14-1997 by Ord. No. 10.97.10]
Sand, gravel, rock, soil or construction aggregate produced
by quarrying, crushing or any other mining activity or such other
naturally occurring unconsolidated material that normally masks the
bedrock.
[Added 5-22-2000 by Ord. No. 05.2000.05]
Land used for the commercial processing, storage and sale
of earth materials, including but not limited loam, sand, stone or
forestry products.
[Added 5-22-2000 by Ord. No. 05.2000.05]
The right of the public, a corporation, another person or
entity to use public or private land owned by another for a specific
purpose.
Retail establishments selling food and drink for consumption
on the premises, including lunch counters and refreshment stands selling
prepared foods and drinks for immediate on-site consumption.[6]
A facility providing temporary housing for one or more individuals
who are otherwise temporarily or permanently homeless.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
A natural or created feature, preserved, improved or created
by an employer, that enhances the aesthetic quality, visual appeal
or makes more attractive or satisfying a particular property, place
or area for its employees.
[Added 10-14-1997 by Ord. No. 10.97.10]
A facility used for the boarding, training or rehabilitation
of horses, and may include the teaching of horsemanship and staging
of competitive events.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A business establishment for the servicing of small motorized
equipment and household or commercial appliances, including the sale
of parts, accessories and refurbished equipment or appliances.
[Added 5-22-2000 by Ord. No. 05.2000.05]
Land area which is used or has been used for the commercial
taking of earth, including all slopes.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship, living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan, and based on an intentionally structured relationship providing
organization and stability.
A home occupation providing care and supervision in a dwelling
unit to not more than three clients for periods of time not to exceed
24 consecutive hours and excluding members of the family in residence.
A building or site, either enclosed or open, which is used
or designed for the sale of horticultural and related products by
independent vendors using designated booths or sites.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A structure, whether enclosed or not, utilized for the purpose
of selling products in association with and located on the same property
as an agricultural use.
[Added 10-14-1997 by Ord. No. 10.97.10]
An establishment whose primary business is lending or investment
and which may act as a depository for currency, which may include
banks, savings and loans, credit unions, investment brokers and security
and commodity exchanges.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A building or site, either enclosed or open, which is used
or designed for the sale of goods by independent vendors using designated
booths or sites.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow. This definition is for purposes of application of the
Floodplain District provisions.
Any land area susceptible to being inundated by water from
any source. This definition is for purposes of application of the
Floodplain District provisions.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. This definition is for
purposes of application of the Floodplain District provisions.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot at any point. These areas are designated as floodways on
the Flood Boundary and Floodway Maps. This definition is for purposes
of application of the Floodplain District provisions.
The scientific management and cultivation of wooded tracts,
tree farms, forest nurseries and including the harvesting of forest
products and performing forest services.
[Added 5-22-2000 by Ord. No. 05.2000.05]
That side of a lot abutting on a street or body of water.
[Added 10-14-1997 by Ord. No. 10.97.10]
The storage of petroleum products for subsequent resale.
[Added 8-13-2001 by Ord. No. 05.2001.05]
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
[Added 5-22-2000 by Ord. No. 05.2000.05]
Space dedicated to the exhibition of works of art or an institution
or business exhibiting or dealing in works of art.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A building whose sides and roof are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
[Added 5-22-2000 by Ord. No. 05.2000.05]
Land area with landscaped or natural vegetation, including
those vegetated areas located under upper story decks, porches and
overhangs that are a minimum of seven feet from the ground at the
lowest elevation.
The total horizontal area of all floors of a building including
the surrounding walls.
The total horizontal area of all floors of an enclosed retail
or commercial building that is designed for lease or purchase by a
separate and distinct use. "Gross leasable area" does not include
common areas, building management offices, maintenance areas or parking.
A facility, office, clinic, center or institution, whether
public or private, engaged in the provision of outpatient services
with stays of less than twenty four consecutive hours for health maintenance
and the treatment of dental, mental or physical conditions.
[Added 10-14-1997 by Ord. No. 10.97.10]
The vertical distance of a structure measured from the average
finished grade surrounding the structure to the highest point of the
structure.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. This definition
is for purposes of application of the Floodplain District provisions.
A commercial or business activity conducted on the same lot
as a dwelling in which the operator of the activity resides. A "home
occupation" includes occupations wholly conducted on-site and may
include the office of a service or trade and family day care.
An institution licensed by the State of New Hampshire as
a hospital engaged in providing diagnostic and therapeutic services
24 hours per day and overnight accommodations for human patients requiring
medical, surgical, obstetrical, emergency, outpatient rehabilitation,
psychiatric or substance abuse services on an acute or chronic basis.
A "hospital" may include, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities, training
facilities and medical offices.
A facility offering transient lodging accommodations to the
general public and which may provide additional services such as restaurants,
meeting rooms and recreational facilities.
[Amended 10-14-1997 by Ord. No. 10.97.10]
Housing units operated and managed for the purpose of providing
shelter to individuals or families transitioning from homelessness
to permanent housing; includes the on-site management of the facility
and the provision for living or job skills training for the residents.
[Added 8-13-2001 by Ord. No. 05.2001.05]
A building consisting of individual small self-contained
units that are leased or owned for the storage of business or household
goods.[7]
[Amended 8-13-2001 by Ord. No. 05.2001.05]
Any business or any place of storage or deposit, whether
in connection with another business or not, which has stored or deposited
at the business or place: two or more unregistered motor vehicles
which are no longer intended or in condition for legal use on the
public highways; 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 or material shall be equal in bulk to two or
more motor vehicles; or scrap, waste, reclaimable material or debris,
whether or not stored, for sale or in the process of being dismantled,
destroyed, processed, salvaged, stored, baled, disposed or other use
or disposition.
An establishment in which three or more dogs or puppies,
cats or kittens are housed, groomed, bred, boarded, trained or sold
for a fee or compensation.
[Amended 10-14-1997 by Ord. No. 10.97.10][8]
A state-approved facility for the disposal of solid waste,
refuse and other products and including resource recovery, recycling
and collection, storage, processing, treatment and disposal.
[Added 5-22-2000 by Ord. No. 05.2000.05]
An establishment providing washing or drying machines on
the premises for use by the general public.
[Added 10-14-1997 by Ord. No. 10.97.10]
A place in which literary, musical, artistic or reference
materials are kept for use but not for sale and may include gallery
and meeting space.
[Added 5-22-2000 by Ord. No. 05.2000.05]
An accessible space at the rear or side of a building and
used for loading and unloading of goods.[9]
A dwelling unit where transient lodging is provided for compensation
for stays of between one and 14 consecutive nights, and where the
dwelling unit would normally be considered a residential living unit
not associated with regulated commercial activities, such as a hotel,
motel, rooming/boarding/lodging house, or bed-and-breakfast.
[Added 12-9-2019 by Ord.
No. 2019-235]
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be separately
owned, used, developed or built upon.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this section.
This definition is for purposes of application of the Floodplain District
provisions.
As defined in RSA 674:31, as amended, any structure, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width and 40 body feet or more in length, or when
erected on site is 320 square feet or more and which is built on a
permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to required utilities, which
include plumbing, heating and electrical heating systems contained
therein. "Manufactured housing" as defined in this section shall not
include pre-site built housing as defined in RSA 674:31-a.
[Amended 10-14-1997 by Ord. No. 10.97.10]
A subdivision of a tract of land providing sites, with required
improvements and utilities, that are leased for the long-term placement
of manufactured housing, and that includes services and facilities
for the residents.
A subdivision created by the developer for individual ownership
of manufactured housing and including the purchase of real estate.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products and the blending of materials,
such as lubricating oils, plastics, resins or liquors.
Any commercial shoreland development providing access to
public waters for the docking, mooring, sale, rental, fueling, storing
or servicing of watercraft with or without services.
Any commonly owned shoreland providing access to public waters
as an integral element and appurtenant use of a residential development
with services similar to those provided by a commercial marina.
A place where marine vehicles are stored, serviced and displayed
for sale to the public.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A plan for development of the City of Laconia developed in
accordance with the provisions of RSA 674:2, Master Plan Purpose and
Description, as amended.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced. This definition is for purposes of application
of the Floodplain District provisions.
Trucks and similar vehicles with a single rear axle and duel
rear wheels and with a gross weight limit of 26,000 pounds or less.
[Added 10-22-2007 by Ord. No. 13.2007.13]
A detached, double-wide residential dwelling which meets
all City codes, designed to be transported once to its site after
fabrication and set on a permanent foundation.
A building or portion of a building dedicated to the showing
of motion pictures for a fee to the public.
[Added 5-22-2000 by Ord. No. 05.2000.05]
An open piece of land dedicated to the showing of motion
pictures for a fee to the public, which may include a building for
projection, concessions and rest rooms.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A sewer system, or any portion thereof operated by the Laconia
Municipal Sewer System.
A water system, or any portion thereof operated by the Laconia
Water Works.
An institution dedicated to the procurement, restoration,
care, study and display of objects of lasting interest or value.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A retail sales establishment with a maximum of 1,500 square
feet of gross floor area.
[Amended 10-14-1997 by Ord. No. 10.97.10]
An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted.
[Added 8-13-2001 by Ord. No. 05.2001.05]
A lot lawfully existing as of the adoption of this chapter
or amendment thereto that does not meet the minimum requirements of
the zoning district in which it is situated by reason of such adoption
or amendment.
A sign lawfully existing as of the adoption of this chapter
or amendment thereto that does not meet the minimum requirements of
this chapter by reason of such adoption or amendment.
A structure or building, the size, dimensions, or location
of which was lawful prior to the adoption or amendment to this chapter
but fails to meet or conform to the present requirements of this chapter
by reason of such adoption or amendment.
A use of a building or land lawfully existing as of the adoption
of this chapter or amendments thereto which does not now conform to
the requirements for the zoning district in which it is situated by
reason of such adoption or amendment.
The total horizontal square feet which a nonconforming use
occupies in a structure or on a lot.
Any area of land, within a cluster subdivision, unencumbered
by primary buildings or structures, and set aside, dedicated, designed,
restricted or reserved for recreational use, protection of natural
resources, visual amenity or agricultural or forestry use, intended
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space. Open space may include water bodies
included within land area defined as open space.
[Amended 10-14-1997 by Ord. No. 10.97.10]
The line on the shore, running parallel to the main stem
of a river or the edge of a waterbody, established by the fluctuation
of water and indicated by physical characteristics such as but not
limited to a clear, natural line impressed on the immediate bank,
shelving, changes in the character of the soil, destruction of terrestrial
vegetation or the presence of litter and debris.
The keeping, in an unenclosed area, of any goods, junk, material
or merchandise in the same place for more than 24 hours.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
A place where materials may be combined, broken down or aggregated
for transshipment or storage and where the original material is not
chemically or physically changed.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A single or multilevel enclosed building or structure which
is used for the temporary storage of motor vehicles.
[Added 5-22-2000 by Ord. No. 05.2000.05]
An open area off-street used for the temporary storage of
motor vehicles.
[Added 5-22-2000 by Ord. No. 05.2000.05]
An area for the purpose of parking motor vehicles.
The contour interval divided by the horizontal distance between
the contour interval measured perpendicular to the slope.
Any individual, association, company, corporation, firm,
organization or partnership, singular or plural, of any kind.
An establishment where nonprofessional services, involving
the care of a person or their personal goods or apparel, are provided.
[Added 10-14-1997 by Ord. No. 10.97.10]
An animal from which profit may not be generated from the
sale, traditionally, of its fur, eggs, flesh, feathers, edible portion
or services, with the exception of mating.
A church, synagogue, temple, mosque or other facility that is
used for prayer by persons of similar beliefs; or
A special purpose building that is architecturally designed
and particularly adapted for the primary use of conducting on a regular
basis formal religious services by a religious congregation.
The City of Laconia Planning Board.
A facility which produces energy, whether for use on-site
or distribution.
[Added 8-13-2001 by Ord. No. 05.2001.05]
An institution providing education to children prior to first
grade.
[Added 8-13-2001 by Ord. No. 05.2001.05]
The floor which provides the main entrance to a structure
from a street.
A building, space or related facilities owned, controlled
or operated by an individual, corporation, association or group for
the fraternal, social, educational, recreational, financial or cultural
enrichment or the common interest of its members and whose members
pay dues and/or may be required to meet certain prescribed qualifications
for membership, initially or from time to time. A private club does
not include any of the foregoing having the wholesaling, retailing,
with or without a discount, or distribution of goods to its members
as its primary purpose or function. Institutions such as Sam's Club,
BJ's or Costco and the like are examples of organizations that are
not private clubs pursuant to this chapter.
[Added 10-14-1997 by Ord. No. 10.97.10]
The fabrication of objects from individual components consisting
of materials with form and substance being joined physically, and
the testing thereof; does not include the chemical processing of individual
or fabricated products.
[Added 8-13-2001 by Ord. No. 05.2001.05]
An office for any one of the following: accountant, architect,
attorney, chiropractor, professional engineer, dentist, medical doctor
or any other similar profession for which at least a two-year degree
is required.
All fresh water bodies listed in the official list of public
waters published by the Department of Environmental Services pursuant
to RSA 271:20, II, whether they are great ponds or artificial impoundments.
In Laconia, these include Lake Winnipesaukee, Paugus Bay, Lake Opechee,
Winnisquam Lake and Pickerel Pond. Rivers, meaning all year round
flowing waters of fourth order or higher, include the Winnipesaukee
River.
A place intended for the conduct of sports and leisure time
activities or where they are permitted from time to time.
[Added 10-14-1997 by Ord. No. 10.97.10]
Per RSA 483-B, for all lakes, ponds, and artificial impoundments
greater than 10 acres in size, the surface elevation as listed in
the Consolidated List of Water Bodies subject to the Shoreland Water
Quality Protection Act as maintained by NHDES; for rivers, the ordinary
high-water mark.
[Amended 5-24-2021 by Ord. No. 2021-235-13, 17, 19]
An establishment primarily dedicated to carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Any construction, expansion or addition of dwelling units.
The sale of goods, services or merchandise to the general
public and which may include rendering services incidental to the
sale of such goods, principal services or merchandise.
[Amended 10-14-1997 by Ord. No. 10.97.10]
A wall designed to resist the lateral displacement of soil
or other material.
Relating to, formed by or resembling a river (including tributaries),
stream, brook, etc.
A structure, either temporary or permanent, which is designed,
constructed or used for the purpose of selling vegetables or fruit
from a garden located on a lot where the principal use is residential.
An individual, other than a family member, who, for a consideration,
is furnished sleeping accommodations in a dwelling unit and may be
provided meals, personal care, financial services, counseling or other
such services.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A partially or fully enclosed structure utilized for the
storage of road salt or other materials containing salt.
[Added 8-13-2001 by Ord. No. 05.2001.05]
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving electromagnetic
waves.
Any building or part thereof which is designed, constructed
or used for education or instruction.
[Added 10-14-1997 by Ord. No. 10.97.10]
The distance from the property line or street right-of-way
to the nearest part of the applicable building or structure.
[Amended 10-14-1997 by Ord. No. 10.97.10]
See Article VII, § 235-42A(2), of this chapter.
A group of commercial establishments where access to individual
establishments is from a walkway and measures over 25,000 gross square
feet which is planned, constructed or managed as a retailing facility.
[Added 10-14-1997 by Ord. No. 10.97.10]
Any device, fixture, placard, landscaping or structure that
uses any color, form, graphic, illumination, symbol or writing to
advertise, announce the purpose of or identify the purpose of a person
or entity or to communicate information of any kind to the public.
A sign, or part of a sign, employing actual motion or the
appearance of motion, that does not employ the use of a panel of lights
to create the copy or images themselves, including:
[Amended 5-27-2014 by Ord. No. 03.2014.03]
The area of a sign shall include all of the surface area
on which the letters, pictures, designs and symbols appear, together
with the background on which they are displayed, whether open or closed,
and all beveled, rounded, angled or bordering surfaces intended or
designed to enhance the visual impact of the sign. The area of a sign
does not include its sides, or any supporting framework and bracing
that is incidental to the display itself and is not designed to attract
attention. Where the sign consists of letters or symbols affixed to
a surface or building, without any distinguishing border, panel or
background, the area shall be considered to be the smallest rectangle
or shape which encompasses all of the letters and symbols.
[Added 5-27-2014 by Ord. No. 03.2014.03]
Any sign of lightweight fabric or similar material that is
permanently or temporarily mounted at one or more edges. National
flags, state or municipal flags shall not be considered "banners."
Any sign indicating the name, date of construction or incidental
information about a building, which sign is cut into a masonry surface
or made of bronze or other permanent material.
Any sign that is part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a "canopy."
A nondigital sign or portion thereof with characters, letters
or illustrations that can be changed or rearranged without altering
the face of the surface of the sign. A sign on which the message automatically
changes shall be considered an animated sign or electronic message
center and not a changeable copy sign for purposes of this chapter.
A sign on which the only copy that changes is an electronic or mechanical
indication of time or temperature shall be considered a time-and-temperature
portion of a sign and not a changeable copy sign for purposes of this
chapter.
[Amended 7-11-2005 by Ord. No. 06.2005.06; 5-27-2014 by Ord. No. 03.2014.03]
An on-site sign identifying, by logo, trademark, symbol,
address, name or any combination thereof, of a building, premises
or property.
[Added 10-14-1997 by Ord. No. 10.97.10]
A sign, or any portion thereof, capable of displaying electronic
text, symbols, figures, pictures, or images that can be electronically
or mechanically changed by remote or automatic means. There are two
subcategories:
[Added 5-27-2014 by Ord. No. 03.2014.03]
SIGN, ELECTRONIC MESSAGE CENTER (EMC), STATICCopy and pictures may not change light intensity during the digital message; intensity may only change to comply with the light requirements discussed in § 235-60C. Transition effects shall not be used between digital messages, including, but not limited to, fly in, fading, blinking, or rotation of images or words.
SIGN, ELECTRONIC MESSAGE CENTER (EMC), DYNAMICAny characteristics of a sign that appear to have movement or that appear to change, that incorporates technology allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This includes displays that incorporate LED, "digital ink," or any other method of technology that allows the sign face to present a series of images or displays, to include transition effects such as fly in, fading, blinking, or rotation of images or words, scrolling where, in total or in part, letters or images scroll across the face of the sign, flashing, and other animated sequences.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity.
Any sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
The length along the primary floor of a building front or
portion of building front, having access on a street.
A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and the like, including pricing
of fuels.
Any sign attached to or in any manner made part of a permanent
rooflike structure projecting beyond the wall of a building, generally
designed and constructed to provide protection from the weather.
A sign, giving the name or address, or both, of the owner
or occupant of a residential building or premises.
A sign that is located on property that is not the premises,
property, or site of the use identified or advertised in the sign.
[Amended 5-27-2014 by Ord. No. 03.2014.03]
A sign relating in its subject matter to the lot on which
it is located or to an activity conducted on the lot.
[Amended 5-27-2014 by Ord. No. 03.2014.03]
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported. "Portable
signs" may include but are not limited to signs designed to be transported
by wheels; signs with A- or T-frames; menu and sandwich boards; balloons
or other inflated devices used as signs; umbrellas used for advertising;
beacons; and signs attached to or painted on vehicles parked and visible
from the public right-of-way, unless said vehicle is used in the normal
day-to-day operations of the business.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
and is not essentially parallel to such building or wall.
Any sign erected or constructed as an integral or essentially
integral part of a normal roof structure or visual vertical cap or
terminus of any design, such that no part of the sign extends vertically
above the highest portion of the roof, cap or terminus and such that
no part of the sign is separated from the rest of the roof by a space
of more than six inches.
[Amended 10-14-1997 by Ord. No. 10.97.10]
A sign, utilizing an A-frame or easel-type frame, which is
not permanently attached to the ground or a building. This sign may
have changeable copy.
[Amended 10-14-1997 by Ord. No. 10.97.10]
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
Any sign exceeding four square feet in area mounted, painted,
placed on, attached or affixed to a trailer, watercraft, truck, automobile
or other form of motor vehicle so parked or placed so that the sign
thereon is discernible from a public street or right-of-way as a means
of communication and which by its location, size, and manner of display
is reasonably calculated to exhibit commercial advertising identifying
an on-premises business or supplying directional information to an
off-premises business. A vehicle sign may be defined as a vehicle
that functions primarily as a sign rather than as a transportation
device, as determined by any combination of the following factors:
[Added 5-27-2014 by Ord. No. 03.2014.03]
The absence of a current, lawful license plate affixed to the
vehicle on which the sign is displayed.
The vehicle upon which the sign is displayed is not parked in
a lawful or authorized location or is on blocks or other supports
or is parked in a manner that is not in conformity with the identified
parking space on the lot.
The vehicle is parked for extended periods of time, both during
business hours and when the business is closed, and the land and vegetation
surrounding the vehicle shows signs that the vehicle has not often
moved.
The vehicle remains parked on the premises after normal business
hours when customers and employees are not normally present on the
premises.
Vehicle signs are prohibited in all districts.
A sign attached to, painted on or erected against the wall
of a building with the face in a parallel plane to the plane of the
building wall, and projecting no more than 14 inches from the building
wall.
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service, that is placed inside or upon glass and is
visible from the exterior of a building or structure. Such signs shall
be permitted as long as they do not cover more than 75% of the total
visible window casing area.
[Amended 5-27-2014 by Ord. No. 03.2014.03]
An establishment contained wholly within an enclosed building
primarily engaged in the repair or service of household equipment
or appliances.
[Added 10-14-1997 by Ord. No. 10.97.10]
A structure that is used for the shelter or care of horses.
All land area with a slope equal to or greater than 25% with
a minimum width of 50 feet measured perpendicular to the slope.
Any prefabricated or constructed self-supporting container
which does not meet NHDOT minimum qualifications to be registered
as a vehicle and is designed or intended for use for storage.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Any container or nonmotorized vehicle with a wheel assembly
that is defined as a trailer by the NHDOT and intended for transport
behind another vehicle and is intended to be utilized, either attached
or unattached to a motorized vehicle, for storage, whether temporary
or permanently.
[Added 8-13-2001 by Ord. No. 05.2001.05]
A watercourse that is fed by groundwater but is not in the
groundwater table throughout the year, where runoff from rainfall
and snowmelt is a supplemental of water for flow, such that the stream
typically does not have flowing water during dry portions of the year.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
A watercourse that is in the groundwater table for most of
the year and so has groundwater as a primary source of water for stream
flow, with runoff from rainfall and snowmelt as a supplemental source
of water, so that it contains flowing water year round during a typical
year.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
Any vehicular way that is an existing state, county, municipal
or private roadway; is shown upon a plat approved by the Planning
Board; is approved by other official action; or is shown on a plat
duly filed and recorded in the Belknap County Registry of Deeds prior
to the authority of the Planning Board to approve subdivisions; includes
the land between the street lines, whether improved or unimproved.
[Amended 10-14-1997 by Ord. No. 10.97.10]
The distance for which a boundary or apparent boundary of
a lot is common with the street right-of-way line.
[Amended 10-14-1997 by Ord. No. 10.97.10]
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
A place used primarily for the workshop of an artist, sculptor,
photographer, dancer or craftsperson which may include incidental
sales or lessons.
[Added 10-14-1997 by Ord. No. 10.97.10]
Duly enacted subdivision regulations of the City of Laconia
Planning Board.
Any modified surface that cannot effectively absorb or infiltrate
water. Examples of impervious surfaces include, but are not limited
to, roofs, and unless designed to effectively absorb or infiltrate
water, decks, patios; and paved, gravel, or crushed stone driveways,
parking areas, and walkways.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
Surfaces that allow for the penetration of runoff through
the surface into underlying soils. Examples of pervious surfaces include,
but are not limited to, pervious pavers, pervious asphalt, vegetated
lawn, garden beds, and other surfaces specifically designed to absorb
stormwater runoff.
[Added 5-24-2021 by Ord.
No. 2021-235-13, 17, 19]
A structure designed and intended for the containment of
water, whether above or below ground, for swimming.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Access to a building or structure for the purposes of pedestrian
customers acquiring goods or services.
[Added 10-14-1997 by Ord. No. 10.97.10]
A business establishment utilized for the dispatching and
parking of licensed taxis, as defined by the City Code.
[Added 8-13-2001 by Ord. No. 05.2001.05]
The workplace of a person engaged primarily in the trades
such as carpenter, plumber, electrician or other similar trade; may
include incidental retail sales.
[Added 10-14-1997 by Ord. No. 10.97.10]
Land and buildings used for the purpose of transferring passengers
from one form of transportation to another and which may include accessory
uses for the accommodation of passengers.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A vehicle or portable device, with or without motor power,
designed as a temporary dwelling for travel, recreational, vacation
or business use.
A facility which provides for the storage and rental of medium
trucks or vans, trailers, tow dollies and car top storage containers
on a regular basis by the general public. This facility may also be
the site of incidental parking of vehicles for rent. Typical uses
include truck companies.
[Added 10-22-2007 by Ord. No. 13.2007.13]
An area and/or building where trucks load and unload cargo
and freight. The cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Any facility which is by grant of authority by a governmental
agency and provides the public with electricity, gas, heat, steam,
communication, transportation, water, sewage collection or other similar
service.
[Added 8-13-2001 by Ord. No. 05.2001.05]
Buildings and premises wherein the primary use is the sale,
servicing, repair and/or installation of motor vehicle accessories,
such as spark plugs, batteries, distributors and distributor parts,
tires, brakes, brake fluid, mufflers, tailpipes, water hoses, fan
belts, light bulbs, fuses, floor mats, windshield wipers, wiper blades,
grease retainers, wheel bearings and mirrors. Such establishments
may also include greasing, lubrication, radiator flushing, minor servicing
and repair of carburetors, fuel pumps, oil pumps, water pumps and
lines, electrical systems and minor motor adjustments not involving
removal of a head or crankcase or racing of a motor. Incidental sales
of items such as gasoline, oil, candy, tobacco and similar goods are
permitted. None of the following are permitted: major mechanical and/or
body work, painting, welding, other work involving noise, glare, fumes
or smoke, and automobile storage, whether or not for resale.
[Amended 8-13-2001 by Ord. No. 05.2001.05]
Buildings and premises wherein major mechanical and body
work, repair of transmissions and differentials, straightening of
body parts, painting, welding or other similar work is performed on
vehicles; may also include any functions of a vehicle light service
establishment.
A facility which provides for the storage and rental of vehicles
on a regular basis by the general public, including automobiles, vans
and motorcycles. This facility may also be the site of incidental
parking of vehicles for rent. Typical uses include auto rental agencies.
[Added 10-22-2007 by Ord. No. 13.2007.13]
A place where vehicles are stored, serviced and displayed
for sale to the public.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A facility that is operated for the purpose of extracting
vehicle components or parts of vehicles for the purpose of resale.
[Added 8-13-2001 by Ord. No. 05.2001.05
A facility which provides storage for vehicles and equipment
and is not generally accessible on a regular basis by the general
public.
[Added 8-13-2001 by Ord. No. 05.2001.05]
[Added 10-14-2008 by Ord. No. 07.2008.07]
A temporary body of water, with no permanently flowing outlet,
no established, reproducing fish population and one of the following:
Evidence of amphibian vernal pool species, including woodfrogs,
spotted salamander, blue spotted salamander, Jefferson salamander,
Marbled salamander, Eastern spotted newt and four-toed salamander
(visual observation of adult, two or more egg masses, breeding chorus
heard, visual observation of larvae or tadpoles, visual observation
of transforming juveniles).
Evidence of invertebrate vernal pool species, including fairy
shrimp, Predaceous diving beetle larvae (Dytiscidae), water scorpion
(Nepidae), dragonfly larvae (Odonata: Anisoptera), damselfly larvae
(Odonata: Zygoptera), dobsonfly larvae (Corydalidae), whirligig beetle
larvae (Gyrinidae), caddisfly larvae (Trichoptera), leeches (Hirundinea),
freshwater (fingernail) clams (Pisidiidae), amphibious, air-breathing
snails (Basommatophora).
Evidence of reptile vernal pool species, including spotted turtle
(Clemmys guttata), Blanding's turtle (Emydoidea blandingii), wood
turtle (Clemmys insculpta), painted turtle (Chrysemys p. pictata),
snapping turtle (Chelydra serpentina)
Evidence may include breeding adults, egg masses, larvae, transforming
juveniles, and cases, shells or shed skins of any of the above-cited.
Evidence may be submitted in photograph form.
A place where animals are given medical care by a licensed
veterinary practitioner and the boarding of animals is limited to
short-term care incidental to the hospital use.
[Added 10-14-1997 by Ord. No. 10.97.10]
A building used primarily for the storage of goods or materials
and operated by or for the benefit of a specific business or group
of businesses or made available to the general public for a fee.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified) of floods of
various magnitudes and frequencies in the floodplains of coastal or
riverine areas. (Note: This definition is for the purpose of application
of the Floodplain District provisions.)
A place, located along the shorefront of a river, great pond
or lake, which provides watercraft launching services to the public.
Facilities may include boat trailer parking, restroom/shower facilities,
watercraft washing and may be in conjunction with other watercraft
facilities.
[Added 10-14-1997 by Ord. No. 10.97.10]
An establishment primarily for the purpose of providing watercraft
for rent by the public and may or may not be in conjunction with other
watercraft facilities.
[Added 10-14-1997 by Ord. No. 10.97.10]
An establishment primarily for the purpose of repair, maintenance,
renovation, restoration or construction of watercraft and may or may
not be in conjunction with other watercraft facilities.
[Added 5-22-2000 by Ord. No. 05.2000.05]
A facility which provides storage for watercraft and equipment
and is not generally accessible on a regular basis by the general
public.
[Added 8-13-2001 by Ord. No. 05.2001.05]
All land area defined as wetlands by the New Hampshire Department
of Environmental Services, Water Division, Wetlands Bureau, as may
be amended.
[Amended 10-14-1997 by Ord. No. 10.97.10]
A facility used for the packaging and distribution of materials
and goods to retailers, business users, other wholesalers or merchandise
agents or brokers.
[Added 5-22-2000 by Ord. No. 05.2000.05]
Any shoreland property owned and operated as a nonprofit
organization for the benefit of its members and providing access to
public waters for uses similar to a commercial marina.
The sale of one's personal possessions from a residence.
The Zoning Board of Adjustment for the City of Laconia.
[1]
Editor's Note: This ordinance also provided for the repeal
of the definition of "accessory apartment," as amended, which immediately
preceded this definition.
[2]
Editor's Note: The former definition of "adult/child care
center," which immediately followed this definition, was repealed
10-14-1997 by Ord. No. 10.97.10.
[3]
Editor's Note: The former definitions of "clinic" and "club,
membership," which immediately followed this definition, were repealed
10-14-1997 by Ord. No. 10.97.10.
[4]
Editor's Note: The former definition of "coastal high hazard
area," which immediately followed this definition, was repealed 10-14-1997
by Ord. No. 10.97.10.
[5]
Editor's Note: The former definition of "congregate residences,"
which immediately followed this definition, was repealed 10-14-1997
by Ord. No. 10.97.10.
[6]
Editor's Note: The former definitions of "elderly housing
complex" and "elderly living unit," which immediately followed this
definition, were repealed 10-14-1997 by Ord. No. 10.97.10.
[7]
Editor's Note: The former definition of "intermediate care
facility," which immediately followed this definition, was repealed
10-14-1997 by Ord. No. 10.97.10.
[8]
Editor's Note: The former definition of "landowner," which
immediately followed this definition, was repealed 10-14-1997 by Ord.
No. 10.97.10.
[9]
Editor's Note: The former definition of "long-term care facility,"
which immediately followed this definition, was repealed 10-14-1997
by Ord. No. 10.97.10.
