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.Â
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]
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Residential District
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Rural District
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Recreational District
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Garden Apartment R-A District
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Manufactured Housing Park District
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Business Office Districts, including Subdistricts I and II
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Limited Community Shopping Village District
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Town Center District
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Commercial-Industrial Districts, including Subdistricts A, B
and C
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Industrial District
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B.Â
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.
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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:
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]
See RSA 672:3.
[Amended by the 2012 Town Meeting]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The presentation of films or shows for viewing on more than
seven days within any period of 56 consecutive days.
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.
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.
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.
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.
A collection of antennas attached to a structure or mount
to send and receive radio signals for a single carrier.
A carrier, tower company, or any other person applying for a permit under § 490-707.
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]
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.
Any area of a building having its floor subgrade (below ground
level) on all sides.
See "structure."
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.
A permanent roof-like structure of rigid material supported
by and extending from the facade of a building.
A person that provides personal wireless services, as defined
in the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C)(ii).
A freestanding solar energy system serving as a principal
use designed to generate energy for use off site.
[Added by the 2021 Town Meeting]
A multi-unit facility providing residential and habilitative
services to persons with developmental disabilities.
[Added by the 1991 Town Meeting]
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.
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.
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]
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]
Persons age 62 and older, as defined in federal regulations.
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.
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.
An acronym for the Federal Aviation Administration.
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.
An acronym for the Federal Communications Commission.
The applicant for a subdivision or site plan approval or
a building permit that would create "new development" as defined in
this section.
An acronym for the Federal Emergency Management Agency.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
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.
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.
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.
See "flood elevation study."
See "flood, base."
Any land area susceptible to being inundated by water from
any source.
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.
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]
A ground-mounted solar energy system, including but not limited
to fixed, passive or active tracking racking systems. These systems
include a system mounted on top of a freestanding carport designed
and constructed specifically for mounting a system over a parking
lot.
[Added by the 2021 Town Meeting]
The continuous length of the lot bordering on an accepted
municipal street.
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]
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]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added by the 1999 Town Meeting]
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.
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.
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).
For all rivers and streams, as established as set forth in RSA
483-B:4, XI-e, as the "ordinary high-water mark."
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either 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.
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.
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.
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.
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]
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]
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.
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]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A thin pole that resembles a streetlight standard or a telephone
pole.
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.
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.
The structure or surface upon which antennas are mounted,
including the following four types of mount:
A freestanding solar energy system serving an accessory use
that is designed to provide energy for all uses other than single-family
or duplex residences - multiunit developments, commercial uses, other
nonresidential uses, mixed uses, and shared systems.
[Added by the 2021 Town Meeting]
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]
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.
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]
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.
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).
The Town of Salem Planning Board.
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).
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]
A 501(C)(2) or 501(C)(3) nonprofit organization as designated
by the Internal Revenue Service.
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.
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.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
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]
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]
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
A solar energy system that is attached to and supported by
a building. These systems may include limited accessory equipment
that is ground-mounted. For purposes of calculating solar land coverage,
if the system is made up of both roof- and ground-mounted systems,
the roof-mounted portions shall be excluded.
[Added by the 2021 Town Meeting]
Persons age 55 and older.
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.
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]
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.
A sign made of fabric or any nonrigid material with no enclosing
framework.
A non-point-of-sale sign which advertises a business, organization,
event, person, place, or thing.
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]
A temporary sign identifying an architect, contractor, lender
and/or material supplier participating in construction on the property
on which the sign is located.
Those signs located at the point of access/egress directing
traffic in and out of the site.
A sign supported upon the ground by poles or braces and not
attached to any building.
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.
A sign which:
A nonelectric on-premises residential identification sign
giving only the name, address, and/or occupation of an occupant or
group of occupants.
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]
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.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
Any sign erected over or on the roof of a building.
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.
A sign not constructed or intended for long-term use.
Those signs underneath a sheltered walkway or awning in front
of a building. They shall be placed perpendicular to the building.
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.
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]
A freestanding solar energy system serving as an accessory
use that is designed to provide energy for the property.
[Added by the 2021 Town Meeting]
An institution providing primarily extended nursing care.
[Amended by the 1999 Town Meeting]
Radiant energy received from the sun at wavelengths suitable
for conversion into thermal or electrical energy.
[Added by the 2021 Town Meeting]
A structure and the related components used to transform
solar energy into electricity (through solar photovoltaic system)
or heat (through a solar thermal system).
[Added by the 2021 Town Meeting]
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").
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.
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]
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.
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.
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]
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.
A company in the business of building towers and selling
or leasing them, or selling or leasing space on them, to carriers.
A monopole or lattice tower that is secured to the ground
or other surface by diagonal cables for lateral support.
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.
A type of structure that is self-supporting with multiple
legs and a cross bracing of structural steel.
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.
For § 490-501, that portion of a lot or structure devoted in whole or part to:
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]
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.
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.
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.
The vertical distance from ground level to the tip of the
wind generator blade when it is at its highest point.
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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.
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.
The transmission system, managed by ISO New England, created
to balance the supply and demand of electricity for consumers in New
England.
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.
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.
The monopole, guyed monopole or lattice structure that supports
a wind generator.
The height above grade of the fixed portion of the tower,
excluding the wind generator.
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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.
