ARTICLE 3. DEFINITIONS
For the purpose of this ordinance, certain terms or words herein shall be interpreted or defined as follows:
Words used in the present tense include the future tense. The singular includes the plural. The word “person” includes a corporation, as well as an individual. Reference to the male gender includes the female gender. The word “lot” includes the word “plot” or “parcel”. The term “shall” is mandatory, “may” is permissive. The words “used” or “occupied” as applied to any land or buildings, shall be construed to include the words “intended or designed to be used or occupied”.
Abutter – Any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term “Abutter” shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. For purposes of receipt of notification by a municipality of a local land use board hearing, in the case of an abutting property being under a condominium or other collective form of ownership, the term abutter means the officers of the collective or association, as defined in RSA356-B:3, XXIII.
Accessory Building – A subordinate building on the same lot, whether attached or unattached to the principal building.
Accessory Use – A use that is subordinate, incidental, and ancillary to a principal use located in the same zone on the same lot.
Adult Arcade – Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “Specified Sexual Activities” or “Specified Anatomical Areas”.
Adult Bookstore or Adult Video Store – An establishment which, as one of its principal business purposes, offers for sale or rental, or for any other form of consideration, any one of the following:
a. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, or other video reproductions, slides, computer software, or other visual representations which depict or describe “Specified Sexual Activities” or “Specified Anatomical Areas”.
b. Instruments, devices, or paraphernalia which are designed for use in connection with “Specified Sexual Activities”.
Adult Cabaret – A nightclub, bar, or restaurant, or similar commercial establishment, or a private membership, fraternal membership, or social club which regularly features:
a. Live performances which are characterized by the exposure of “Specified Anatomical Areas” or by “Specified Sexual Activities”.
b. Films, motion pictures, video cassettes, or other video reproductions, slides, computer software, or other visual representations which depict or describe “Specified Sexual Activities” or “Specified Anatomical Areas”.
Adult Motion Picture Theater – An establishment where, for any form of consideration, films, motion pictures, video cassettes, or other video reproductions, slides, or other photographic representations are regularly shown which depict or describe “Specified Sexual Activities” or “Specified Anatomical Areas”.
Adult Theater – A theater, concert hall, auditorium, or similar place of public assembly which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “Specified Sexual Activities” or “Specified Anatomical Areas”.
Apartment – Independent dwelling unit in a structure or apartment building with other dwelling units.
Apartment Building – A building in single ownership that is used or designed to be used as the residence of three (3) or more families living independently.
Authorized Games of Chance – Properly licensed gambling or lottery conducted by a charitable organization.
Banner – Any sign of lightweight fabric or similar material that is mounted to a frame or a building, supported by one or more corners or edges.
Bed & Breakfast – A dwelling where meals and lodging are provided for transient customers.
Boathouse – A structure all or partly over water, for wet or dry storage of boats, and related equipment.
Buffer – An area of land in which no buildings or other structures or uses are permitted other than parking or passing of passenger vehicles. The purpose of a buffer is: (1) to reduce the visual and noise impacts between properties; and (2) to promote privacy.
Building – Any structure used or intended to be used for supporting or sheltering any use or occupancy.
Building Envelope – A volume of building, capable of occupancy as defined in the Building Code and/or this ordinance, bounded by all exterior coverings, including but not limited to walls, floors, ceilings, and roofs.
Exception: Cantilevers, such as balconies and roofs, at least eight (8) feet above finished grade, projecting not more than six (6) feet horizontally over unenclosed exterior ground, but not projecting into any structural setback.
Building Footprint – A ground area, directly occupied by the structural bearing elements of a building. For purposes of this section, structural bearing elements shall mean and include all foundation walls, columns, piers, and tension anchorage which impose structural load(s) to the soil.
Building Front – The one side, at least one (1) story in height, of any building(s) that includes the primary entrance(s). For purposes of determining the allowable sign face area, the property owner may, with the approval of the Director, designate an alternate side of the building(s) as the building front. The Director shall give consideration to unique features of the building/lot configuration in permitting these applications.
Building Height – The vertical dimension of a building measured from the elevation of the foundation sill (where the first floor meets the foundation) to the highest elevation of the roof.
Campgrounds – Land used for temporary occupancy by tent trailers, tents, travel trailers, recreation vehicles, or sleeping quarters of any kind according to the standards of Section 11.4.5.
Charitable Organization – Any nonprofit organization, association, corporation, including any police, firemen’s, veterans’, civic, fraternal, or church organization holding or eligible to receive an IRS nonprofit organization number.
Club – An organization for members and their guests, for recreation or other non-residential purposes, according to the standards of Section 4.7.5(c).
Cluster Development – A grouping of homes according to the requirements in Section 11.4.3.
Common Lands/Open Space – Includes all land set aside for common use of two (2) or more owners of land in such development whether or not the title thereof is vested in the developer, the Town, the owner of lots, or in an association of owners, whether incorporated or not, or in a trust.
Condominium – Any development that comes under the requirements of RSA 356-B, Condominium Act.
Construction Yard – A business activity that includes the storage, distribution, rental, and/or sales (wholesale or retail) of materials, merchandise, or equipment, including large commercial vehicles such as road graders, oil delivery trucks, backhoes, bulldozers, tractors, tractor-trailer cabs, dump trucks, etc.
Convalescent Home – A licensed commercial home where three (3) or more infirm persons are housed.
Corner Lot – A lot at the intersection of two (2) streets.
Density – The ratio of person, dwellings, or bedrooms to land area.
Director – The Director of the Department of Planning and Land Use.
Director, Department of Public Works – Director of Department of Public Works or his designee.
Discontinued – The cessation of operation.
Dog Kennel – A structure, other than a residence, for housing more than three (3) dogs more than six (6) months old.
Drive-In Establishment – A retail or service business catering to customers through window or counter service and designed for easy automobile access.
Dwelling – A building or portion thereof designed for residential occupancy, including one-family, two-family, and multiple-family, but not including hotels, motels, or rented rooms in boarding houses or similar uses.
Dwelling Unit – A dwelling or portion within a dwelling designed for use of one (1) family for living and sleeping purposes and having independent kitchen and bath facilities.
Employee – A person employed by another person or by a business, including a person who is a business owner, partner, managing member, or other officer working in connection with a business.
Error of Closure – A measure of the precision of the traverse (survey) on which the subdivision is based.
Family – One (1) or more persons related by blood, adoption, or marriage, living together as a single housekeeping unit, exclusive of household servants. Unrelated groups consisting of up to four (4) adults, or up to two (2) adults and their children, living together as one (1) housekeeping unit, shall be considered a family for residency and density controls of this ordinance.
Fence – A solid or open wall intended to prevent access from one area to another area and not intended to retain earth. A fence may extend above, and be part of a retaining wall.
Frontage – The length of the lot bordering on the right-of-way that provides access to the lot. If the front line is curved or irregular, frontage may be measured along the mean of the front lot line.
Fuel Station – A lot, for which site plan approval has been granted, for the direct sale of liquid combustion fuels such as gasoline, kerosene, heating oils, liquid propane, etc. to the public.
Gambling – Means to risk something of value upon a future contingent event not under one’s control or influence, upon an agreement or understanding that something of value will be received in the event of a certain outcome. This definition shall not include games of chance conducted by the State of New Hampshire.
Gambling Establishment – Any place, indoors or outdoors, where gambling is conducted.
Green Space – Land not covered by gravel or impervious cover which has or can have grass, flowers, shrubs, plants, trees, or similar ground cover.
Gross Floor Area – The total horizontal area of all floors of a building between the surrounding walls. Public Access Floor Area shall mean the gross floor area of space(s) where the public is admitted.
Health Officer – The Health Officer of the Town of Gilford.
Home Occupation – An income-producing use conducted in a dwelling and/or accessory building or lot area by the residents of the dwelling and their employees which is secondary to the dwelling’s residential use, may be discerned outside the dwelling, and does not change the character of the building or the character of the neighborhood.
Home Office – An income-producing use conducted entirely within a dwelling as an accessory use to a residential principal use generally in an office setting, where the activities related to the home office cannot be discerned outside the dwelling, and only residents of the dwelling are on site for purposes related to the home office.
Home Produce – Everything of an agricultural nature grown, produced, or conditioned on the property and articles manufactured or altered by members of the household and their employees.
Hotel – See definition at “Motel”.
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 that development for the construction or improvement of capital facilities owned or operated by the Town, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage, and flood control facilities; public road systems and rights-of-way; town office facilities; public school facilities; public safety facilities; solid waste collection, transfer, recycling, processing, and disposal facilities; public library facilities; and public recreational facilities not including public open space.
Junk – Cast-off materials.
Junkyards – A use of land which meets the definition of ‘Junkyard’ in accordance with RSA 236:112. Junkyards, as defined by state law, are not allowed within the Town of Gilford.
Lake-Shore Frontage – The length of a lot bordering on the shore as measured in a straight line between two (2) points situated at the high water mark at the boundaries of the two (2) abutting properties, or as measured along straight lines of not less than one-hundred (100) foot increments along the high water line.
Loading Space – Space for loading and unloading goods.
Lot – A parcel of land with ascertainable boundaries, undivided by a street or open public waters.
Lot Line – A line dividing one lot from another lot, street, public way, or water.
Lot of Record – Land designated as a separate and distinct parcel in a legally recorded deed filed in the records of Belknap County, New Hampshire.
Manufactured Housing – Manufactured Housing means any structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length, or when erected on site is three hundred twenty (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 systems contained therein as defined in RSA 674:31.
Manufacturing – A process whereby the nature, size, shape, finish, or appearance of articles is changed, or where articles are assembled or packaged in quantity.
Mobile Home – See “Manufactured Housing”.
Mobile Home Park – A lot on which there are more than two (2) spaces for mobile homes or manufactured homes occupied for dwelling purposes that can be owned, rented, or leased for use as year-round residences.
Motel – A building or group of buildings designed and used solely for the accommodation of transient occupants.
Multi-Family Building – An apartment, condominium, or similar building where more than two (2) families share a building with separate dwelling units.
Nonconforming Building or Structures – A building or structure that, in whole or in part, does not conform to the regulations of the district in which it is located.
Nonconforming Use – A use that does not conform to the regulations of the district in which it is situated.
Nonconforming Use, Lot or Structure, Protected – Any use, lot or structure, which lawfully existed on the date of adoption by the legislative body of an ordinance, rule, or regulation affecting said use, lot or structure, is protected from retroactive application of such ordinance, rule, or regulation. Such protection is limited to the actual use, lot or structure, existing on the date of adoption of this ordinance and does not extend to any use, lot of structure established, constructed, or altered after said date.
Open Space – Uncovered space open to the sky on the same lot as the building. A paved or similar surface is not interpreted to be open space.
Parking Space – A space to park motor vehicles, as defined in Article 7.
Permit – An administrative process consisting of a written application by a lot owner for permission to establish, construct, or alter any use or structure regulated by this Ordinance, and action on said application by an authority having jurisdiction.
Person – Means an individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than agency.
Pet – An animal from which profit will not be generated from the sale of its fur, eggs, milk, flesh, feathers, edible portions, or services with the exception of mating.
Planned Unit Development – A residential development according to the specifications in Section 11.4.4.
Planning Board – The appointed Gilford Planning Board.
Plat – A map, plan, drawing, or chart on which a subdivision of land is shown and a “Final Plan” means the final map, plan, drawing, or chart in which a subdivider’s plan or subdivision is presented to the Board for approval and which, if approved, will be submitted to the Registry of Deeds of Belknap County for recording.
Principal Business Purpose – A principal business purpose shall be deemed to exist, for the purposes of Article 18, Adult Entertainment and Business Uses, if ten percent (10%) or more of the gross floor area of a business is devoted to the sale, display, depiction, or expression of “Specified Sexual Activities” or “Specified Anatomical Areas”, or instruments, devices, or paraphernalia which are designed for use in connection with “Specified Sexual Activities”.
Principal Use – The sole, primary, or main use of a lot or building.
Private Way – A right-of-way for traveling or serving as access to not more than two (2) single-family dwellings, and which is clearly marked on the final plat to be recorded, and which shall remain private.
Retaining Wall – A barrier intended to hold back material from a slope and not extending more than two (2) feet above the highest finished grade. Any extension beyond two (2) feet above grade is considered a fence.
Right-of-Way – A strip of land for public access. Includes all Town, State, and Federal highways, rights-of-way dedicated to the public use, and rights-of-way shown on recorded subdivision plats except such rights-of-way which may be designated as private, and the land on either side of same as covered by statutes to determine the widths of rights-of-way.
Roadway – The finished road surface between the shoulder breaks.
Screen or Screening – A strip of land at least six (6) feet wide, densely planted (or of natural growth) with shrubs or trees, at least four (4) feet high at the time of planting and of a type that will form a year-round dense screen at least six (6) feet high within three (3) years. As required by the Gilford Planning Board, an opaque fence at least six (6) feet high shall be added, provided it is located at least one (1) foot inside the lot line, and it must be maintained in good repair.
Sell – Includes any agreement of sale, or agreement of lease for more than seven (7) years.
Senior Housing – A residential development specifically designed for occupancy by at least one person 55 years of age or older, per unit, and developed according to the standards set forth in Section 11.4.7, Senior Housing.
Setback Line – A line running a setback distance from and parallel to the property line. Where the front line is curved, or the lot sidelines converge towards the front, the lot width shall be measured along the setback line.
Sexually Oriented Business – Any business whose “Principal Business Purpose” is to contain and/or operate any one (1) or a combination of the following:
a. Adult Arcade
b. Adult Bookstore or Adult Video Store
c. Adult Cabaret
d. Adult Motion Picture Theater
e. Adult Theater
Sign – Any device, fixture, or structure that uses any color, form, graphics, 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.
Sign, Building – A sign attached or otherwise applied to a building.
Sign, Directory – A freestanding sign giving direction to specific destination(s), containing no commercial message.
Sign, Freestanding – A sign face, having structural support(s) permanently attached to the ground.
Sign, Garland/Pennant – Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended in repetitive series, designed to move in the wind.
Sign, Window – A sign displayed through the glazed surface(s) of windows in buildings.
Specified Anatomical Areas – Human genitals, anus, or female breasts.
Specified Sexual Activities – Means and includes any of the following:
a. Human masturbation, sexual intercourse, oral copulation or sodomy, actual or simulated, whether alone or between members of the same or opposite sex or between humans and animals.
b. Fondling or erotic touching of human genitals, anus, public region, buttocks, or female breasts.
c. Excretory functions, flagellation, or torture as part of or in conjunction with any other activities set forth in a. and b. above.
Steep Slopes – Land surface, whose horizontal projection measured perpendicularly to elevation contours over a contiguous area does exceed fifty (50) linear feet when the surface slope is greater than fifteen percent (15%) but less than twenty percent (20%), thirty (30) linear feet when the slope is greater than twenty percent (20%) but less than thirty percent (30%). Slope in excess of thirty percent (30%) shall be classified as steep slope regardless of horizontal projection.
Street – Public way established by or maintained under public authority, or private way open for public use, or private way plotted for acceptance as a public street whether or not constructed.
Street Center Line – A line equidistant from each street line; or if no street line is established, the centerline of the existing pavement or the centerline of the existing traveled way.
Structure – Something constructed or erected with a fixed location on the ground or permanently attached to the ground.
Subdivider – The registered owner or the authorized agent of the registered owner of a subdivision.
Subdivision – The division of the lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance, or building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The division of a parcel of land held in common and subsequently divided into part among the several owners shall be deemed a subdivision. The granting of an easement in gross to a public utility for the purpose of placing and maintaining overhead and underground facilities necessary for its transmission or distribution network such as poles, wires, cable, conduit, manholes, repeaters, and supporting
apparatus, including any unmanned structure which is less than two-hundred (200) square feet, shall not be construed as a subdivision under this title, and shall not be deemed to create any new division of land for any other purpose.
Subdivision Regulations – Subdivision Regulations of Gilford.
Surveyor – A surveyor licensed by the State of New Hampshire.
Temporary Building – A building constructed or located on a site, intended for up to one (1) year of use.
Town Clerk – The Town Clerk of the Town of Gilford, New Hampshire.
Transient Occupant – A person or persons occupying premises for a duration of time not to exceed thirty (30) consecutive days nor more than thirty (30) days in any sixty (60) day period.
Travel Trailer or Camper – Vehicle with or without motive power, designed as a temporary dwelling for travel, recreation, vacation, or business use which is or can be mounted on wheels for travel on public roads.
Use – The purpose for which a lot or a building is designed, arranged, occupied, maintained, or
intended, or the activity or function carried out on a lot or in a building.
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