Town of Salem, NH
Rockingham County
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Table of Contents
Table of Contents
Pursuant to the authority conferred by RSA 674:16 to 674:23 and RSA 675:2 to 675:9 for the purposes contained in the Revised Statutes Annotated, this Salem Zoning Ordinance of 1961 shall take effect immediately upon passage. Amendments take effect immediately upon passage.
This chapter, or any part thereof, may be amended from time to time in accordance with procedures currently prescribed under the applicable sections of the New Hampshire Revised Statutes Annotated.
A. 
For the purpose of this chapter, the Town of Salem is divided into the following districts as shown on the Zoning Map:
[Amended by the 1981, 1982, 1998 and 2003 Town Meetings]
Residential District
Rural District
Recreational District
Garden Apartment R-A District
Manufactured Housing Park District
Business Office Districts, including Subdistricts I and II
Limited Community Shopping Village District
Town Center District
Commercial-Industrial Districts, including Subdistricts A, B and C
Industrial District
B. 
Zoning district boundaries are shown on the 2008 Zoning Map, as amended (official version on file at the Town Hall), and are incorporated by reference in this chapter.
[Added by the 2012 Town Meeting]
The Zoning Map is made part of this chapter and is available at the Town Hall for viewing or purchase.
A. 
Residential, Rural and Recreational Districts. Subject to the provisions contained in §§ 490-301A, 490-302A and 490-303A, if two or more contiguous lots or combination of lots and portions of lots are in single ownership and if all or part of the lots do not meet the requirements established by lot width and area, the Planning Board shall continue to consider the lands involved to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY DWELLING UNIT
A residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.
[Added by the 2017 Town Meeting]
ABUTTER
See RSA 672:3.
[Amended by the 2012 Town Meeting]
ACTIVE ADULT COMMUNITY
A community or living facility designed specifically for the interests of persons age 55 and older, which typically contains recreational amenities and support services for older adults who are healthy, active, and capable of completely independent living.
ADULT BOOKSTORE or ADULT VIDEO STORE
A business that devotes more than 15% of the total display, shelf, rack, table, stand or floor area, utilized for the display and sale of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records, CD-ROMs or other forms of visual or audio representations, which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1, or instruments, devices or paraphernalia which are designed for use in connection with "sexual conduct" as defined in RSA 571-B:1, other than birth control devices. "Adult bookstore" or "adult video store" does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock and trade and does not devote more that 15% of the total floor area of the establishment to the sale of books and periodicals.
ADULT CABARET
A nightclub, bar, restaurant, or similar establishment which, during a substantial portion of the total presentation time, features live performances in which a person appears in a state of nudity and/or which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1 and/or feature films, motion pictures, videocassettes, slides or other photographic 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 RSA 571-B:1.
ADULT DRIVE-IN THEATER
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 a substantial portion of the total presentation time being presented for observation by patrons is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT MOTEL
A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein coin- 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 a substantial portion of the total presentation time of the images so displayed is devoted to the showing of material which meets the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT MOTION-PICTURE THEATER
An establishment with 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 RSA 571-B:1 for observation by patrons.
ADULT NUDE MODEL STUDIO
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 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 RSA 571-B:1.
ADULT SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more persons are in the state of nudity, or where the activities in adult bookstores, adult video stores, or adult motion-picture theaters are characterized by an emphasis on activities which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ADULT SEXUALLY ORIENTED BUSINESS
Any place of business at which any of the following activities are conducted, and the activities are not a matter of serious literary, artistic, scientific or political value: adult bookstore or adult video store, adult cabaret, adult drive-in theater, adult motel, adult motion-picture arcade, adult motion-picture theater, adult theater, nude model studio, or sexual encounter center.
ADULT SUBSTANTIAL PORTION OF THE TOTAL PRESENTATION TIME
The presentation of films or shows for viewing on more than seven days within any period of 56 consecutive days.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on activities in which a person appears in a state of nudity and/or which meet the definition of "harmful to minors" and/or "sexual conduct" as set forth in RSA 571-B:1.
ALTERNATIVE SITING
Innovative siting techniques that shall include the location of antennas which are roof mounted, side mounted or structure mounted, including but not limited to man-made trees, clock towers, bell towers, steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas.
ALZHEIMER'S FACILITY
A group living or health services facility providing health care and support services exclusively for residents requiring assistance with daily living due to a form of dementia, normally associated with aging, defined as Alzheimer's disease.
ANTENNA
Any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, or any other communications through the sending and/or receiving of electromagnetic waves of any bandwidth.
ANTENNA ARRAY
A collection of antennas attached to a structure or mount to send and receive radio signals for a single carrier.
APPLICANT
A carrier, tower company, or any other person applying for a permit under § 490-707.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area designated as Zones A and AE on the Flood Insurance Rate Map.
[Amended by the 2009 Town Meeting]
ASSISTED LIVING FACILITY (ALF)
Housing for frail elderly persons, typically age 75 to 85, who require limited supportive services for their daily living activities. Assisted living facilities typically require residents to be mobile and capable of performing most routine tasks.
BASEMENT
Any area of a building having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
BUSINESS OFFICE
A room or building in which one or more persons conduct clerical work, engage in administrative functions and engage in transactions and meetings with others in connection with the advancement of commercial or industrial enterprises.
CANOPY
A permanent roof-like structure of rigid material supported by and extending from the facade of a building.
CARRIER
A person that provides personal wireless services, as defined in the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(ii).
COMMUNITY RESIDENTIAL FACILITY (CRF)
A multi-unit facility providing residential and habilitative services to persons with developmental disabilities.
[Added by the 1991 Town Meeting]
CONGREGATE CARE FACILITY
A group living facility for seniors who may or may not require assistance with daily living. Congregate care facilities tend to be limited in size and scope of services, often providing more intensive services than can be provided in an assisted living facility, but requiring residents to have at least partial mobility and reasonably good health.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
Cluster of a variety of housing options to meet the spectrum of needs and interests ranging from active adults through assisted living, often including on-premises skilled nursing facilities. A CCRC's primary feature is the provision of "lifetime" supportive services at each stage of a senior's later life.
CURVED STREET
A street with a center-line radius of less than 250 feet and a change in bearing of the center line of at least 15° in front of a lot shall be deemed a curved street for the purpose of determining the frontage requirement for that lot.
[Amended by the 1996 Town Meeting]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
[Amended by the 2009 Town Meeting]
ELDERLY
Persons age 62 and older, as defined in federal regulations.
ENVIRONMENTAL ASSESSMENT (EA)
A document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed, vault, or box near the base of the personal wireless service facility within which is housed equipment for those facilities, such as battery and electrical equipment.
FAA
An acronym for the Federal Aviation Administration.
FALL ZONE
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FCC
An acronym for the Federal Communications Commission.
FEE PAYER
The applicant for a subdivision or site plan approval or a building permit that would create "new development" as defined in this section.
FEMA
An acronym for the Federal Emergency Management Agency.
FLOOD, BASE
A flood having a one-percent chance of being equaled or exceeded in any given year.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD; FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
FLOOD, ONE-HUNDRED YEAR
See "flood, base."
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source.
FLOODPROOFING
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.
FLOODWAY/REGULATORY FLOODWAY
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 a designated height.
[Amended by the 2009 Town Meeting]
FRONTAGE
The continuous length of the lot bordering on an accepted municipal street.
HEALTH CARE FACILITIES
Establishments engaged in the provision of medical treatment and/or care to outpatients. Examples of such uses include but are not limited to: offices for doctors, dentists, and other medical practitioners, clinics, medical laboratories, and such activities and facilities normally associated with and operated in connection with health care services.
[Added by the 2014 Town Meeting]
HEIGHT
Shall be defined in accordance with the International Building Code and its commentary, as amended.
[Added by the 2000 Town Meeting; amended by the 2008 Town Meeting]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
A. 
For natural freshwater bodies without artificial impoundments, the reference line for the natural mean high-water level as set forth in RSA 483-B:4, XVII, and established by the New Hampshire Department of Environmental Services.
B. 
For artificially impounded freshwater bodies with established flowage rights, the limit of the flowage rights, and for water bodies without established flowage rights, the water line at full pond as determined by the elevation of the spillway crest.
C. 
For Arlington Pond, specifically: 161.712 feet, the minimum pond water elevation between April 30 and October 10 of each year, prior to use of the pond's waters for use in the Town's water supply (Agreement for Water Management between the Town of Salem and Arlington Pond Protective Associate, March 14, 1996). The base flood elevation is established at 162 feet, as published in the Flood Insurance Rate Map (FIRM) dated April 6, 1998. A reference mark is provided at 168.42 feet, identified by a brass plug on the east side of the gatehouse on Wheeler Dam (National Geodetic Vertical Datum of 1929).
D. 
For all rivers and streams, as established as set forth in RSA 483-B:4, XI-e, as the "ordinary high-water mark."
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION
An occupation conducted entirely within the dwelling unit. It is clearly a secondary use of the property which does not adversely affect the residential character of the neighborhood. It is in compliance with the criteria established for a minor home occupation. Home occupations do not include garage sales and yard sales, nor home parties which are held for the purpose of the sale or distribution of goods or services.
IMPACT FEE
A fee or assessment imposed upon development, including subdivision, building construction or other land use change, in order to help meet the needs occasioned by the development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; stormwater, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality's proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public libraries; and public recreation facilities, not including public open space.
INDEPENDENT LIVING FACILITIES
Housing which groups seniors for the purpose of social interaction and mutual support in a common interest community. Group facilities may be provided on premises for recreation and social interaction, but only limited support services are typically provided. Typically multifamily residential structures.
KENNEL
Any building(s) or land used or operated as a business for the boarding, breeding, training or selling of five or more dogs, cats or other household pets.
[Added by the 2009 Town Meeting]
LOT OCCUPATION
Maximum lot occupation or coverage shall be defined as the maximum portion of the lot area devoted to buildings, driveways, parking lots and other impermeable areas.
[Added by the 1991 Town Meeting]
LOWEST FLOOR
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 chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. (See definition for "single-family dwelling.") For floodplain management purposes the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on site for greater than 180 consecutive days. This includes manufactured homes located in a manufactured home park or subdivision.
[Amended 2009 Town Meeting]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MAST
A thin pole that resembles a streetlight standard or a telephone pole.
MEAN SEA LEVEL
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.
MONOPOLE
A thicker type of structure than a mast that is self-supporting with a single shaft of wood, steel or concrete that is designed for the placement of antennas and antenna arrays along the shaft.
MOUNT
The structure or surface upon which antennas are mounted, including the following four types of mount:
A. 
Roof mounted or mounted on the roof of a building.
B. 
Side mounted or mounted on the side of a building.
C. 
Ground mounted or mounted on the ground.
D. 
Structure mounted or mounted on a structure other than a building.
NEW CONSTRUCTION
For the purposes of determining flood insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
[Added by the 2009 Town Meeting]
NEW DEVELOPMENT
An activity that results in the creation of a new dwelling unit or units; the conversion of a legally existing use, or additions thereto, which would result in a net increase in the number of dwelling units; construction resulting in a new nonresidential building or a net increase in the floor area of any nonresidential building; or the conversion of a lawful existing use to another use, including changing a dwelling unit from seasonal use to year-round use, if such change would result in a net increase in the demand on public capital facilities that are the subject of impact fee assessment; however, new development shall not include the replacement of an existing housing unit or the reconstruction of a structure that has been destroyed by fire or natural disaster, provided that the replacement unit or structure does not involve a change in use that would generate a net increase in the demand on capital facilities for which impact fees are assessed.
NURSING HOME
A group living facility providing basic domiciliary services and semiskilled, rehabilitative nursing service for patients who have impaired mobility or health problems of a limited duration. Nursing homes may or may not cater exclusively to senior patients and may provide rehabilitation services for patients of all ages.
[Amended by the 1999 Town Meeting]
OFF-SITE IMPROVEMENTS
Those improvements that are necessitated by a development but which are located outside the boundaries of the property that is subject to a subdivision plat or site plan approval by the Planning Board. As used in § 490-711, the definition of "off-site improvements" shall be limited to any necessary highway, drainage, and sewer and water upgrades pertinent to that development.
PERSONAL WIRELESS SERVICE FACILITY
Any facility which provides commercial mobile wireless services, unlicensed wireless services and common carrier wireless exchange access services, as described by Section 332 of the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(i).
PLANNING BOARD or BOARD
The Town of Salem Planning Board.
PREFERRED SITING LOCATIONS
The locations for a personal wireless service facility in the Town of Salem, ranked in the order of preference contained in § 490-707C(1)(a).
PRIVATE GARAGE
A building or structure for the storage or parking of four or fewer passenger motor vehicles without provision for repairing or servicing such vehicles for profit.
[Added by the 1991 Town Meeting]
PRIVATE, NONPROFIT
A 501(C)(2) or 501(C)(3) nonprofit organization as designated by the Internal Revenue Service.
PUBLIC OPEN SPACE
A parcel of land essentially unimproved and available to the public only for passive recreational uses such as walking, sitting, picnicking, table games, natural resource conservation, and similar uses. Town parks which do not include public recreation facilities constitute public open space within the meaning of § 490-711.
PUBLIC RECREATION FACILITIES
The land and facilities owned or operated by the Town of Salem or the Salem School District, other than public open space, which are designed for the conduct of recreational sports or other active leisure time uses of an organized nature, which include equipment or substantial improvements to the land to provide active indoor or outdoor public recreation programs.
RADIO FREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
A. 
A vehicular camping trailer unit not exceeding 36 feet in length, eight feet in width or 12 feet in height, or a boat/boat trailer not exceeding 24 feet in length, eight feet in width and 12 feet in height, primarily designated as temporary living quarters for recreational camping, travel or boating use; it is designed to be mounted on or drawn by an automotive vehicle. A vehicle meeting the above definition except for size is not deemed incidental to a dwelling unit.
[Added by the 1983 Town Meeting]
B. 
A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
[Added by the 1994 Town Meeting]
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SENIORS
Persons age 55 and older.
SENIORS HOUSING
A variety of housing types designed specifically to meet the varied needs of persons age 55 and older. Such housing may include active adult facilities; independent living facilities; continuing care retirement communities (CCRC); assisted living facilities (ALF); congregate care facilities; nursing homes; skilled nursing facilities (SNF); and Alzheimer's facilities.
SIGN
Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or service or otherwise for the purpose of providing information.
[Amended by the 2006 Town Meeting]
SIGN, ADVERTISING DISPLAY AREA
The advertising display surface (copy area) encompassed within any regular geometric figure which would enclose all parts of the sign. The structural supports for a sign, whether they be columns, pylons, or a building, or any part thereof shall not be included in the advertising area. On a freestanding sign, such area shall be calculated as the maximum projected area of the sign.
SIGN, BANNER
A sign made of fabric or any nonrigid material with no enclosing framework.
SIGN, BILLBOARD
A non-point-of-sale sign which advertises a business, organization, event, person, place, or thing.
SIGN, CHANGEABLE COPY
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged either manually in the field (i.e., reader boards with changeable letters) or automatically on a lampbank or through mechanical means without altering the face of the surface of the sign. Changeable copy signs are only allowed on freestanding signs.
[Amended by the 2000 and 2005 Town Meetings]
SIGN, CONSTRUCTION
A temporary sign identifying an architect, contractor, lender and/or material supplier participating in construction on the property on which the sign is located.
SIGN, DIRECTIONAL
Those signs located at the point of access/egress directing traffic in and out of the site.
SIGN, FREESTANDING
A sign supported upon the ground by poles or braces and not attached to any building.
SIGN, IDENTIFICATION
A sign whose copy is limited to the commercial name and address of a building, institution, or person and/or to the activity or occupation being identified.
SIGN, LEGAL NONCONFORMING
A sign which:
A. 
Was erected legally but which does not comply with subsequently enacted sign restrictions and regulations; or
B. 
Does not conform to the sign code requirements but for which a special permit has been issued.
SIGN, NAMEPLATE
A nonelectric on-premises residential identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
SIGN, OFF-SITE
Any sign which does not advertise the name, address, business, and/or products of the site on which it is located.
[Amended by the 2006 Town Meeting]
SIGN, PROJECTING
A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
SIGN, REAL ESTATE
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
SIGN, ROOF
Any sign erected over or on the roof of a building.
SIGN, ROTATING
A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
SIGN, TEMPORARY
A sign not constructed or intended for long-term use.
SIGN, UNDER CANOPY
Those signs underneath a sheltered walkway or awning in front of a building. They shall be placed perpendicular to the building.
SIGN, WALL
A sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.
SINGLE-FAMILY DWELLING
A detached or freestanding residence designed for and occupied by one family to be used for living, eating, sleeping, and cooking. These dwellings shall include any room or rooms connected together forming a habitable unit for one family, or a manufactured home which is used for residential occupancy, built upon a permanent chassis and which conforms to the definition of manufactured home under the provisions of RSA 674:31.
[Added by the 1990 Town Meeting]
SKILLED NURSING FACILITY (SNF)
An institution providing primarily extended nursing care.
[Amended by the 1999 Town Meeting]
SPECIAL FLOOD HAZARD AREA
An area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards and shown on a FHBM or FIRM as Zones A, AO, A1-30, AE, A99, and AH (see "area of special flood hazard").
START OF CONSTRUCTION
Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STORY
Shall be defined in accordance with the International Building Code and its commentary, as amended.
[Added by the 2000 Town Meeting; amended by the 2010 Town Meeting]
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation, addition or other improvement of a structure, taking place during the life of the structure, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage regardless of the actual repair work performed. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places.
[Amended by the 2002 Town Meeting]
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for a personal wireless service facility, including self-supporting lattice towers, guyed towers, stealth towers, masts or monopole towers.
TOWER COMPANY
A company in the business of building towers and selling or leasing them, or selling or leasing space on them, to carriers.
TOWER, GUYED
A monopole or lattice tower that is secured to the ground or other surface by diagonal cables for lateral support.
TOWER HEIGHT
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
TOWER, LATTICE
A type of structure that is self-supporting with multiple legs and a cross bracing of structural steel.
TOWER OR ANTENNA, PREEXISTING
Any tower or antenna lawfully constructed or permitted prior to the adoption of § 490-707. Shall also mean any tower or antenna lawfully constructed in accordance with § 490-707.
TOWER, STEALTH
Any tower on which the antennas are integrated as architectural features of the tower to disguise them, so that the purpose of the tower for providing wireless services is not readily apparent.
USED CAR DEALERSHIP
For § 490-501, that portion of a lot or structure devoted in whole or part to:
A. 
The sale of two or more used automobiles; or
B. 
The display of two or more used automobiles for the purpose of sale.
[Amended by the 1981 Town Meeting]
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 490-705D(5), (7) and (8)(b)[2] is presumed to be in violation until such time as that documentation is provided.
[Added by the 2009 Town Meeting]
WATER SURFACE ELEVATION
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.
WETLANDS
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WIND ENERGY METEOROLOGICAL TOWER (MET TOWER)
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 § 490-712, "MET tower" 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.
WIND ENERGY SYSTEM HEIGHT
The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.
490 Wind Energy Sys Height.tif
WIND ENERGY SYSTEM MODIFICATION
Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Like-kind replacements shall not be construed to be a modification.
WIND ENERGY SYSTEM NET METERING
The difference between the electricity supplied to a customer over the electric distribution system and the electricity generated by the customer's small wind energy system that is fed back into the electric distribution system over a billing period.
WIND ENERGY SYSTEM POWER GRID
The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.
WIND ENERGY SYSTEM SHADOW FLICKER
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.
WIND ENERGY SYSTEM, SMALL
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.
WIND ENERGY SYSTEM TOWER
The monopole, guyed monopole or lattice structure that supports a wind generator.
WIND ENERGY SYSTEM TOWER HEIGHT
The height above grade of the fixed portion of the tower, excluding the wind generator.
490 Wind Energy Sys Tower Height.tif
WIND GENERATOR
The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.