GLOSSARY

Word Usage. For the purpose of this ordinance, certain terms and words shall have the meaning given here. Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; the words "used" or "occupied" include the words "designed", "arranged", "intended" or "offered" to be used or occupied; the words "building", "structure", "lot", "land" or "premise" shall be construed as though followed by the words "or any portion thereof"; the word "may" is permissive; and the word "shall" is always mandatory and not merely directory.

Words and Phrases Not Defined. Words and phrases not defined in this Section but defined in other Codes and Ordinances of the City or by State Statute will have meanings as defined by those Codes and Ordinances or Statutes unless a contrary intention clearly appears. Words not otherwise defined shall have their common meaning.

Definitions of Terms. Certain terms or words shall be defined and interpreted as follows:

Accessory Use or Structure. A use or structure on the same lot with, and of a nature incidental and subordinate to, the principal use or structure.

Adult Day Care Facility. An establishment for the care and supervision of adults and which regularly receives for care individuals who are eighteen (18) years or older and unrelated to the operator of the agency, and which provides that care and supervision for any part of a day but less than twenty-four (24) hours.

Agricultural and Horticultural Operations. Any land, buildings, or structures on or in which agricultural activities are carried out or conducted. Such buildings or structures include the residence of the owner or operator, and housing for seasonal employees located on such land; and all outbuildings used in the production and storage of fruits, vegetables, or nursery stock; and in the production of maple syrup. Agricultural activities include the cultivation, conservation, and tillage of the soil; the production, cultivation, growing, and harvesting of any agricultural, floricultural, forestry, or horticultural crops; the production of greenhouse crops; the use of and spreading of commercial fertilizer, lime, wood ash, sawdust, compost, animal manure, septage, and other lawful soil amendments; and the use of and application of agricultural chemicals. Agricultural activities also include practices incidental to, or in conjunction with, such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market of any materials produced on the premises; the transportation to the farm of supplies and materials; the transportation of farm workers; forestry or lumbering operations; and the irrigation of growing crops.

Airport. That area of land, whether constructed or not, which has been approved by the New Hampshire Commissioner of Transportation for the Concord Airport as a site for the landing and taking off of aircraft, or utilized or to be utilized by the public as a point of arrival or departure by air, and including all necessary passenger and cargo facilities, fueling, emergency service facilities, and other aviation dependent uses.

Alternative Treatment Center. An "alternative treatment center" as defined in RSA 126-X:1, I, namely, not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients and alternative treatment centers.

Alternative Treatment Center (Cultivation Location Only). A "cultivation location" as defined in RSA 126-X:1, IV, namely, a locked and enclosed site under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with RSA 126-X and the Department of Health and Human Service's administrative rules.

Alternative Treatment Center (Non-Cultivation Location). An alternative treatment center operated in accordance with RSA 126-X and the Department of Health and Human Service's administrative rules that has a separate location for the cultivation of cannabis.

Animal Feedlot. Any tract of land or structure, pen, or corral wherein livestock are maintained in close quarters for the purposes of feeding such livestock, or for the purposes of fattening such livestock prior to slaughtering.

Aquifer Protection District. The following definitions relate to the Aquifer Protection District as established in Section 28-3-6, Aquifer Protection (AP) District, of this ordinance:

(a)

Aquifer. A geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

(b)

Best Management Practices (BMPs). A practice or combination of practices determined to be the most practicable means of preventing or reducing, to a level compatible with water quality goals, the amount of pollution generated by nonpoint sources. BMPs are selected on the basis of site-specific conditions that reflect natural background conditions and political, social, economic, and technical feasibility.

(c)

Community Water System (CWS). As defined in RSA 485:1-a, I, "a public water system which serves at least fifteen (15) service connections used by year-round residents or which regularly serves at least twenty-five (25) year-round residents."

(d)

Domestic Water System. Any water system relying upon groundwater withdrawal as a source and not otherwise meeting the definitions of "Community water system", "Non-transient non-community water system", or "transient non-community water system", as defined herein.

(e)

Groundwater. Subsurface water that occurs beneath the water table in soils and geologic formations.

(f)

Groundwater Reclassification. Process of changing groundwater classification as outlined in RSA 485-C:9.

(g)

Non-Transient Non-Community Water System (NTNC). As defined in RSA 485:1-a, XI, "a system which is not a community water system and which serves the same 25 people or more over 6 months per year."

(h)

Petroleum Bulk Plant or Terminal. A facility where petroleum products are received by pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by pipeline, tank car, tank vehicle, portable tank, or container.

(i)

Public Water System. A system for the provision to the public of piped water for human consumption. Such a system must have at least fifteen (15) service connections or regularly serve an average of at least twenty-five (25) individuals daily for at least sixty (60) days out of the year.

(j)

Regulated Substance. Any of the following substances, with the exclusion of ammonia, sodium hypochlorite, sodium hydroxide, acetic acid, sulfuric acid, potassium hydroxide, and potassium permanganate:

(1)

Oil as defined in RSA 146-A:2, III;

(2)

Any substance that contains a regulated contaminant for which an ambient groundwater quality standard has been established pursuant to RSA 485-C:6; and

(3)

Any substance listed in 40 CFR 302, 7-1-05 edition.

(k)

Sanitary Protective Area. An area established around non-community public water supply wells by New Hampshire Code of Administrative Rule Env-Ws 373.12.

(l)

Secondary Containment. A structure, such as a berm or dike, surrounding an impervious surface which forms an area capable of storing liquids the capacity of which is at least one hundred ten (110) percent of the volume of the largest container of regulated substances that will be stored on a site.

(m)

Stratified-Drift Aquifer. A geological formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater (including gravel, sand, silt, or clay) that contains sufficient saturated permeable material to yield significant quantities of water to wells.

(n)

Transient Non-Community Water System (TNC). A non-community water system that serves at least twenty-five (25) persons in a transitory setting such as a restaurant for more than sixty (60) days each year.

(o)

Wellhead Protection Area. The surface and subsurface area surrounding a water well or well field supplying a community public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.

Assisted Living Residence. A residential facility for the elderly, developed and maintained in compliance with RSA 354-A:15, Housing for Older Persons, that contains individual rooming units, and which may have common sanitary facilities, and within which common dining facilities and certain personal services such as housekeeping and laundry services, assistance in personal care, as well as limited medical and nursing services, are provided to residents.

Bed and Breakfast. A type of lodging facility wherein a single-family dwelling is used to provide rooming units for transient lodging and which may provide limited food service for guests or lodgers.

Biotechnology. Applied biological science that employs living organisms or parts of organisms to make or modify products, improve plants or animals, or develop microorganisms for specific uses, and includes the industrial use of recombinant DNA, cell fusion, novel bioprocessing techniques, and bioremediation.

Bluff. A natural cliff or banking consisting of highly erodible soil materials, with some of these materials reposing at slopes steeper than one foot vertically for every three (3) feet horizontally over a minimum vertical distance of twenty-five (25) feet, occurring in locations which abut the boundaries of the Flood Hazard (FH) District, as established in this ordinance for the Merrimack, Contoocook, Turkey, and Soucook Rivers. Bluffs also form the sides of ravines which descend to the FH District. A bluff lies between a line referred to as the bottom of the bluff, where the slope of the banking equals or exceeds one foot vertically for every six (6) feet horizontally, and another line referred to as the top of the bluff, where the slope of the banking decreases to a slope equal to or less than one foot vertically for every six (6) feet horizontally.

Build. The word "build" shall include the words "erect", "construct", "alter", "enlarge", "modify", "excavate", "fill", and any others of like significance.

Buildable Land Area:

(a)

For Nonresidential Principal Uses. Where the principal use of a lot is for nonresidential purposes, buildable land area shall include all land area within the lot exclusive of the following:

(1)

Land in the floodway within the Flood Hazard (FH) District,

(2)

Wetlands,

(3)

Surface waters,

(4)

Bluffs and ravines,

(5)

Land which is subject to easements, covenants, or other recorded legal instruments that prohibit development or disallow the construction or placement of buildings or structures on said land, and

(6)

Land within the natural vegetative buffer prescribed by the Shoreland Protection (SP) District.

(b)

For Residential Principal Uses. Where the principal use of a lot is for residential purposes, buildable land area shall include all land area within the lot exclusive of the following:

(1)

Land in the floodway and the one hundred (100) year floodplain within the Flood Hazard (FH) District,

(2)

Wetlands,

(3)

Surface waters,

(4)

Bluffs, ravines, and land having gradients greater than fifteen (15) percent,

(5)

Land which is subject to easements, covenants, or other recorded legal instrument that prohibit development or disallow the construction or placement of buildings or structures on said land, and

(6)

Land within the natural vegetative buffer prescribed by the Shoreland Protection (SP) District.

Building. The word "building" shall include the word "structure" unless the context unequivocally indicates otherwise. "Building" shall also mean any three-dimensional enclosure by any building materials of any space for use or occupancy, temporary or permanent, and shall include foundations in the ground, also all parts of any kind of structure above ground except fences and field or garden walls or embankment retaining walls.

Campground. A parcel of land intended for occupancy by tents, recreational vehicles, or recreational trailers for transient recreational dwelling purposes.

Carport . Any parking space or spaces having a roof but not enclosed by walls and accessory to a dwelling unit or units. Carports shall not include any parking structures.

Child Day Care Facility. A facility and related services for children who are twelve (12) years of age or younger, provided by a child day care agency as defined in RSA 170-E:2, Definitions.

Churches, Synagogues, and Places of Religious Worship. An institution that people attend to participate in or hold religious services and meetings.

Commercial Greenhouse. A greenhouse used primarily for the wholesale production of plants and flowers.

Commercial Vehicle. A motor vehicle or trailer, not including a resident's personal vehicle that is modified to accommodate a disability, a recreational vehicle or recreational equipment, or a vehicle used exclusively for agriculture or farming when located on and accessory to a permitted agricultural use, that exhibits one or more of the following characteristics:

(a)

Has more than two (2) axles;

(b)

Has a height greater than seven (7) feet;

(c)

Has a weight greater than eleven thousand five hundred (11,500) pounds gross vehicle weight rating (GVWR);

(d)

Is registered as other than "passenger", "antique" or "street rod" vehicle, and is designed, maintained or used primarily for the transportation of passengers, property or freight for hire, compensation or profit; or

(e)

Has special ramps, hoists, hooks, buckets, cranes, arms, platforms or similar features designed primarily to lift, tow or carry motor vehicles, equipment, trailers, materials or workers.

Community Center. A building or structure, together with accessory buildings, structures, and appurtenances, owned and operated by a unit of government or nonprofit organization for the provision of recreational, cultural, and social programs which may be oriented to a group of citizens of a specific range in age, or to all those citizens who reside in a specific neighborhood of the City.

Display. An exhibition or array of items, goods, or materials for sale.

Driveway. A private way providing access for vehicles from a parking space, a garage, or other structure on a lot, to a public or private street. The term includes the words drive, accessway, private drive, common drive or any combination of the above words.

Drive-through Facility. A structure or portion thereof which is accessible to motor vehicles and is designed to allow the rendering of services or delivery of products directly to a customer who is seated in a motor vehicle.

Duplex. Same as "Two-Family Dwelling".

Dwelling.

(a)

Accessory Dwelling Unit (ADU) . A residential living unit that is within or attached to a single-family detached 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. A single-family detached dwelling with an ADU shall constitute two (2) dwelling units as defined in this Zoning Ordinance.

(b)

Attached Dwelling. A building containing two (2) or more dwelling units, each unit having direct access to the ground outside, and arranged such that units are separated on one or more sides by vertical party walls, and such that no unit is located over another unit.

(c)

Congregate Dwelling. A multifamily dwelling for the elderly, developed and maintained in compliance with RSA 354-A:15, Housing for Older Persons, in which common dining facilities and certain personal services such as housekeeping, laundry, medical, or nursing services, are provided to residents.

(d)

Multifamily Dwelling. A building containing three (3) or more dwelling units, and wherein units may be located on more than one floor.

(e)

Multifamily Dwelling for the Elderly. A multifamily dwelling that is developed and maintained in compliance with RSA 354-A:15, Housing for Older Persons.

(f)

Single-family Detached Dwelling. A building, other than a manufactured home, designed or intended as a residence exclusively for one family, and separated from any other building, except accessory buildings, by side and rear yards.

(g)

Two-family Dwelling. A detached building, or a pair of attached dwelling units, designed or intended for residential use for exclusive occupancy by two (2) families.

Dwelling Unit. Any room or suite of rooms forming a habitable unit for one family, with its own cooking and food storage equipment, its own bathing and toilet facilities, and its own living, sleeping and eating areas wholly within such room or suite of rooms.

Environmental Education or Conservation Center. An establishment which includes the offices, meeting rooms, libraries, educational facilities, and display and demonstration areas, together with any adjacent environmentally sensitive or valuable land, of an organization which is devoted to conservation, wildlife preservation, or other natural environmental improvement, protection, or enhancement purposes.

Equestrian Center. Any land, buildings, or structures used for the purposes of training, riding instruction, and boarding of equines, and which may also be used for the breeding, raising, and selling of equines.

Exotic Animals. Animals which originate, and ordinarily, grow and live naturally in another country or another part of the United States, and are not endemic to Northern New England.

Family. A group of individuals, whether or not related, living together in a dwelling unit in a structured relationship constituting an organized housekeeping unit.

Floor Area. The total gross area on all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, open porches, balconies and terraces.

Floor Area Ratio. The floor area on a lot, divided by the buildable land area of that lot.

Frontage. See "Lot Line, Front".

Garden Center. Land, buildings, and structures, including greenhouses, used primarily for the growth, display, and retail sale of trees, plants, and shrubs.

Garden Supplies. Products and equipment for the improvement, maintenance, and enjoyment of gardens, lawns, and grounds including topsoil, mulch, fertilizer, masonry products, decorative items, outdoor furniture, tools, hardware, small machinery, and other similar products and equipment.

Golf Course. An area of land laid out for the playing of the game of golf with a series of nine (9) or eighteen (18) holes having an average distance of one hundred forty (140) yards for each hole.

Habitable Space . A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, garages, storage or utility spaces and similar areas are not considered hatibable spaces.

Hazardous Materials. In accordance with RSA 147-B:2, Definitions, those substances or materials in such quantities and form which may pose an unreasonable risk to health and safety or property or when transported in commerce by all modes, and which may include but are not limited to explosives, radioactive materials, etiologic agents, flammable liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases which are listed by the Materials Transportation Bureau of the United States Department of Transportation in Title 49 of the Code of Federal Regulations, as amended.

Heliport. A site for the landing and taking off of helicopters and vertical takeoff and landing (VTOL) vehicles, including all necessary passenger and cargo facilities, fueling, and emergency service facilities.

Historic Property. Any property that (a) is listed individually on the National or State Registers of Historic Places; (b) has a preliminary determination by the Secretary of the Interior as meeting the requirements for individual listing in the National or State Registers; (c) is a contributing property within a local, state or National Register historic district; or (d) is a local historic land mark as designated by the Heritage Commission.

Hotel or Motel. A type of lodging facility that is a commercial establishment containing rooming units for transient lodging which routinely provides additional services such as restaurants, meeting rooms and recreational facilities serving both guests and lodgers as well as the general public.

Impervious Surface. Surfaces within a lot which do not absorb water, consisting of all buildings, structures, parking areas, driveways, roads, sidewalks, and any area paved with concrete, brick, asphalt, or other similar material.

Inn. A type of lodging facility that is a commercial establishment containing rooming units for transient lodging which may provide meeting space and food service for guests and lodgers.

Junk. Any iron, steel, and other old or scrap ferrous or nonferrous material; glass; rags; paper products; rubber products; plastic products; two or more unregistered motor vehicles for use on the highways which are not stored within a structure nor capable of passing a state motor vehicle safety inspections, or used parts and materials of motor vehicles, the quantity of which shall be equal in bulk to two or more vehicles; and any other secondhand articles the accumulation of which is detrimental or injurious to a neighborhood; or materials or items which are included in the definition of the contents of a "junk yard" in RSA 236:112, Definitions, or in the definition of "junk" in RSA 236:91, Definitions.

Kennel. A facility for housing dogs, cats, or other pets, but not livestock, poultry, wild animals, or exotic animals, where grooming, breeding, boarding, training, or selling of these pets is conducted as a business.

Lapsed Use. If an existing building or portion of a building has remained vacant, or the use of a property has been discontinued for a period of six (6) or more years, the prior use will be deemed to have lapsed. No credit for a use which has lapsed shall be provided against the capital facilities impact fees to be assessed.

Limited Access Highway. A public right-of-way, laid out or accepted by the City of Concord, or by the State of New Hampshire within the corporate limits of the City, primarily used or intended to be used for passage or travel by motor vehicles, and from which access can not legally be obtained to serve lots which are adjacent to said public right-of-way. Limited access highways are generally characterized by high volumes of traffic, no on-street parking, access only via interchanges, and two to six travel lanes which are often separated by a median. A list of Concord's limited access highways, which are classified in the Master Plan, are included in Appendix B.

Livestock. Domestic animals usually kept or raised on a farm for utility and profit from the sale of such animals; or from their labor, breeding, performance, or display; or from the production of meat, milk, wool, hides, or other products or by-products. Livestock includes horses, cattle, sheep, swine, goats, donkeys, mules, as well as domesticated strains of the following: buffalo or bison, llamas, alpacas, emus, ostriches, yaks, elk (Cervus elephus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), reindeer (Rangifer tarandus), and fur-bearing animals.

Lodging Facilities. A building or any part of a building containing rooming units without individual cooking facilities, used for transient occupancy on a temporary basis, including hotels, motels, inns, and bed and breakfast.

Lot. The whole area of a single parcel of land with ascertainable boundaries in single or joint ownership, undivided by a street, established by deed(s) of record, or a segment of land ownership defined by lot boundary lines on a land subdivision plan duly approved and recorded pursuant to Concord's Subdivision Regulations, and the provisions of RSA 674:35 through 674:42, Regulation of Subdivision of Land.

Lot Area. The land wholly within a lot exclusive of land within a street and exclusive of land below the high waterline of any body of water contained therein.

Lot Coverage. The area of a lot covered by the aggregate of the maximum horizontal cross section area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, bay windows, balconies and terraces.

Lot Line, Front. A line dividing a lot from a street from which access is legally available and which is not a limited access highway. Lot frontage shall be a continuous line between side lot lines measured along the edge of the street right-of-way.

Lot Line, Rear. Except for triangular lots, corner lots, and such other lots which have no rear lot lines, the lot line opposite the front lot line.

Lot Line, Side. Any lot line not a front or rear lot line.

Manufactured Housing. A detached residential dwelling unit conforming to the definition of manufactured housing as contained in RSA 674:31, Definition.

Market Rate Housing. A rental or ownership dwelling unit that has no rent or sale price restrictions, so that a landlord or an owner is free to attempt to rent or sell the dwelling unit at whatever price the local market may fetch.

Master Plan. The Master Plan of the City of Concord, prepared pursuant to RSA 674:2, Master Plan Purpose and Description, and RSA 674:3, Master Plan Preparation, and adopted by the Planning Board pursuant to RSA 674:4, Master Plan Adoption and Amendment, inclusive of all officially adopted supplements and amendments.

Municipal and Other Governmental and Public Works Facility. A building or structure, together with accessory buildings, structures, and appurtenances, owned and operated by a unit of government for the provision of essential public services, or privately owned and operated under a continuing contract with a unit of government, for the provision of essential public services.

Native Species. Trees, shrubs, and other plant materials which originate, grow, and live naturally in the Northern New England environment.

Nursery. Land used for the raising trees, shrubs, flowers, and other plants which are intended to be transplanted or moved to other locations.

Nursing Home. A health care facility licensed by the State of New Hampshire wherein skilled nursing care and related medical services are provided on a twenty-four (24) hour per day basis to individuals admitted because of illness, disease, or physical or mental infirmity.

Office/Warehousing/Industrial Flex Use. A mixed use comprised of office space, warehousing, and industrial uses including construction services, assembly, manufacturing, and equipment service and repair, and where no more than thirty (30) percent of the gross floor area occupied by such a mixed use may be devoted to office space.

Open Space. An area of a lot unoccupied by buildings, structures, or impervious surfaces, intended for environmental, scenic, or recreational purposes.

Ordinary High Water Mark. The line on the shore, running parallel to the main stem of a river or the edge of a water body, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, the presence of litter and debris, and other appropriate means that consider the characteristics of the surrounding areas.

Ordinary Repairs. Maintenance performed on a building or structure that is necessary to insure compliance with applicable building and safety codes, and in a manner which does not alter the size, shape, or appearance of said building or structure.

Outdoor Recreational Facilities . Recreational facilities that are operated as a business where the activities are not primarily conducted within a building. Such facilities may be open to the general public or operated as a private membership club. Outdoor recreation facilities include, but are not limited to, golf courses, driving ranges, swimming pools, open air courts and playing fields, open air event facilities, archery ranges, playgrounds, or hiking areas. Open air event facilities may include weddings, receptions and other similar events in an existing agricultural building or structure regardless of whether all or part of the activity occurs within that building or structure.

Outdoor Storage. Storage of materials in a location not protected from the weather by a roof, or walls, or a floor with an impervious surface.

Parking Lot. A tract of land or a portion of a tract, not within or covered by a building, that is designed to be used for the temporary, daily, or overnight off-street parking of automobiles.

Parking Structure. A building or a portion of a building designed to be used for the temporary, daily, or overnight parking of automobiles.

Person. Any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, trustee, receiver, assignee, or other similar representative thereof.

Pet. A domesticated animal kept for pleasure rather than utility or profit.

Pick-Your-Own Farm. A site on which agricultural, horticultural or silvicultural products are grown and made available, at a fee, for harvest by the public.

Poultry. Domestic and game birds, including chickens, geese, and turkeys, kept or raised for use and profit from the sale of such birds, or the production of eggs or meat, or other products or by-products.

Principal Use. The primary purpose for which a lot or structure is used.

Public Bus Shelter. A temporary occupancy structure owned or maintained by a public or quasi-public transit authority to shelter the public from the weather while waiting for public transportation.

Public Waters. Those surface waters which include fresh water bodies listed in the official list of public waters published by the Department of Environmental Services pursuant to RSA 271:20 II, State Water Jurisdiction; List of Public Waters, whether they are great ponds or artificial impoundments, and rivers, meaning all year-round flowing waters of fourth order or higher.

Ravine. A natural gully or gorge between opposing bluffs, containing a seasonal or perennial watercourse other than a river which flows or drains to the Flood Hazard (FH) District, as established in this ordinance for the Merrimack, Contoocook, Turkey, and Soucook Rivers. A ravine shall include all land with a slope of less than one foot vertically for every six (6) feet horizontally, from a point where the opposing bluffs achieve and maintain a height of at least twenty-five (25) feet, to a point where the opposing bluffs change direction and cease to oppose each other.

Recreational Equipment. Boats, boat trailers, recreational trailers, and motor vehicles not designed to be registered or inspected for road use including snowmobiles, all terrain vehicles, racing cars, and other similar vehicles.

Recreational Trailer. The following shall be considered recreational trailers:

(a)

Camping or Tent Trailer. A nonmotorized structure mounted and moved on wheels, used as a temporary dwelling for travel, recreation and vacation, and which is designed to be compressed or compacted in volume for travel and storage.

(b)

Travel Trailer. A nonmotorized, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, and having body width not exceeding eight and one-half (8½) and a body length not exceeding thirty-two (32) feet.

Recreational Vehicle.

(a)

Motor Home. A portable, temporary dwelling used for travel, recreation, and vacation, constructed as an integral part of a motor vehicle, and which is designed to be registered and inspected for road use.

(b)

Pick-Up Coach. A structure used as a temporary dwelling for travel, recreation and vacation, and which is mounted on a truck chassis that is designed to be registered and inspected for road use.

Recreational Vehicle Park. A parcel of land intended for occupancy by recreational vehicles and recreational trailers for transient dwelling purposes.

Recycling Center. A building or site on which waste materials are separated for reuse and are processed so as to be suitable for reuse, conversion or assembly into products for sale or conversion or assembly into other manufactured products.

Reference Line. For natural fresh water bodies without artificial impoundments, the natural mean high water level; for artificially impounded fresh water bodies with established flowage rights, the limit of flowage rights; for artificially impounded fresh water bodies without established flowage rights, the waterline at full pond as determined by the elevation of the spillway crest; and for rivers, the ordinary high water mark.

Residential Social Service Center. A building, consisting primarily of dwelling units, or sleeping rooms with common sanitary facilities and common dining facilities, and including offices, meeting rooms, and such other spaces necessary for clinics, therapy sessions, group activities, or counseling services that are provided exclusively for the residents of the center.

Rooming House. A detached dwelling unit containing sleeping accommodations for individuals other than members of the resident family and having common kitchen and dining facilities.

Seasonal. Any period of time not exceeding a total of six (6) months within a period of twelve (12) consecutive months

Seasonal Watercourse. A watercourse which flows less than nine (9) months of a year but flows for a sufficient length of time to remove vegetation and maintain a defined, scoured channel, and which flows into a wetland or other surface water.

Service, Business. An establishment engaged in providing processing, labor, or repair services for businesses, including but not limited to photocopying, provision of temporary employees, and computer repair.

Service, Personal. An establishment engaged in providing personal care services to individuals including but not limited to hair cutting and styling, laundry services, shoe repair, and tailoring.

Sexually Oriented Business. The following definitions relate to a Sexually Oriented Business as a permitted principal use in Section 28-2-4, Table of Principal Uses, of this ordinance, and to the related supplemental regulations as contained in Section 28-5-17, Sexually Oriented Business, of this ordinance:

(a)

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".

(b)

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:

(1)

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"; or

(2)

Instruments, devices, or paraphernalia, which are designed for, use in connection with "specified sexual activities".

(c)

Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment, or a private membership, fraternal membership, or social club which regularly features:

(1)

Live performances, which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(2)

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".

(d)

Adult motion picture theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, or other video reproductions, slides, other photographic representations are regularly shown which depict or describe "specified sexual activities" or "specified anatomical areas".

(e)

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 anatomical areas" or by "specified sexual activities".

(f)

Nude model studio. A commercial establishment where a person who appears and displays "specified anatomical areas" and is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money and any other form of consideration.

(g)

Principal business purpose. A principal business purpose shall be deemed to exist, for the purposes to this ordinance, if ten (10) percent or more of the gross floor area of a business is devoted to the sale, display, depiction, or expression of "specified sexual activities", "specified anatomical areas", or instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

(h)

Specified anatomical areas. Human genitals and anus.

(i)

Specified sexual activities. Specified sexual activities means and includes any of the following:

(1)

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;

(2)

Fondling or erotic touching of human genitals, anus, pubic region, buttocks, or females breasts; or

(3)

Excretory functions, flagellation or torture as part of or in conjunction with any of the activities set forth in (1) and (2) above.

Significant Tree. A tree with a minimum trunk diameter of not less than nine (9) inches as measured at a point twelve (12) inches above the ground level.

Signs. The following definitions relate to Article 28-6, Sign Regulations, of this ordinance

(a)

Building Frontage. The length along the side or sides of the primary floor facing a street, which is occupied by a separate and distinct principal use.

(b)

Flag. Any fabric containing distinctive colors, patterns, or symbols, and used as a symbol of a government or political subdivision thereof.

(c)

Nonconforming Sign. Any sign which lawfully existed at the time this ordinance became effective but which does not conform with the sign regulations in Article 28-6 of this ordinance.

(d)

Primary Floor. The floor of a building or structure which is directly accessed from the adjacent public street through the main or principal entrance to the building or structure. Any floor at an elevation within five and one-half (5½) feet of the elevation of the principal entrance, and occupied by a separate and distinct principal use, shall be considered to be a primary floor.

(e)

Sign. Any device that is sufficiently visible to persons not located on the lot where such a device is located, and designed to attract the attention of such persons or communicate information to them about products, accommodations, services, or activities on the lot where the device is located.

(1)

Sign, Awning. A sign that is a part of, or attached to an awning, a canopy, or other fabric, plastic, or structural protective cover over a door, window, or outdoor service area.

(2)

Sign, Banner. A sign of lightweight fabric or similar material that is mounted to poles or the wall of a building. A flag, as defined in this ordinance, is not a banner sign.

(3)

Sign, Building. Any sign that is attached or affixed to a building including wall signs, projecting signs, awning signs, marquee signs, roof signs, and window signs.

(4)

Sign, Building Marker. Any sign indicating the name of a building and/or the date and incidental information about the construction of the building, and which sign is made part of, or permanently integrated into, the materials from which the building is constructed.

(5)

Sign, Electronic Message Center . A sign or portion of a sign, that displays an electronic image or video, which may include text, including any sign or portion of a sign that uses lights or similar form of electronic display such as LED to form a sign message or messages with text and or images wherein the sequence of messages or the rate of change is electronically programmed or can be modified by electronic processes. This definition includes without limitation television screens, plasma screens, digital screens, flat screens, LED displays, video boards, and holographic displays.

(6)

Sign, Environmentally Activated. An animated sign or device motivated by wind, thermal changes, or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

(7)

Sign, Freestanding. A self-supporting sign, the supports of which are permanently anchored in the ground and are independent from any building.

(8)

Sign, Marquee. Any sign attached to or in any manner made part of a permanent roof-like structure projecting beyond the wall of a building.

(9)

Sign, Mechanical Scrolling . A sign utilizing track or roller mounted alpha-numeric copy that is changed by mechanically-driven means and is non-digital.

(10)

Sign, Monument. A type of freestanding sign for which the sign, its supports, and base are a monolithic structure.

(11)

Sign, Pennant. Any lightweight plastic, fabric or similar material, whether or not containing a message of any kind, suspended from a rope, wire, or other material, usually in a series, designed to move in the wind.

(12)

Sign, Portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported.

(13)

Sign, Programmed . A sign capable of displaying changing content without the need for direct and immediate manual input.

(14)

Sign, Projecting. Any sign affixed to a building with the plane of the sign at an angle to the plane of the wall of the building

(15)

Sign, Roof. Any sign erected and constructed wholly on and over the roof of a building and supported by the roof structure.

(16)

Sign, Temporary. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period of time after the erection of the sign; or a sign that is intended to remain on the location where it is erected or placed for a reasonably short or definite period of time after the erection of the sign. If the sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as a temporary sign.

(17)

Sign, Wall. A sign attached to, or erected against the wall of a building with the face of the sign in a parallel plane to the plane of the building wall, and projecting no more than fourteen (14) inches from the building wall.

(18)

Sign, Window. Any sign that is placed inside or upon the window panes or glass, and that is visible from the exterior of the building or structure.

Small Wind Energy Systems. The following definitions relate to small wind energy systems as a permitted accessory use in Section 28-2-4, Table of Accessory Uses, of this ordinance, and to the related supplemental regulations as contained in Section 28-5-47, Small Wind Energy Systems, of this ordinance:

(a)

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 this ordinance, met towers shall refer only to those whose purpose are to analyze the environmental factors needed to assess the potential to install, construct or erect a small wind energy system.

(b)

Modification. Any change to the small wind energy system that materially alters the size, type or location of the small wind energy system. Nonstructural maintenance and repair shall not be construed to be a modification.

(c)

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.

(d)

Power Grid. The transmission system, managed by ISO New England, created to balance the supply and demand of electricity for consumers in New England.

(e)

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.

(f)

Small Wind Energy System. A wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity of one hundred (100) kilowatts or less and will be used primarily for onsite consumption.

(g)

System Height. The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

(h)

Tower. The monopole, guyed monopole or lattice structure that supports a wind generator.

(i)

Tower Height. The height above grade of the fixed portion of the tower, excluding the wind generator.

(j)

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.

Snow Dump. A lot where snow, which is cleared from roadways or parking areas or other sites, is transported for disposal.

Social Service Center. A building that includes offices, meeting rooms, and group activity areas necessary for the provision of such services as training, counseling, psychotherapy, and individual and family assistance programs.

Storage. A space or place for the depositing, stockpiling, and safekeeping of items, goods, or materials.

Story. That portion of a building contained between any floor and the floor or roof next above it, but not including any portion so contained that more than one-half of such portion vertically is below the average grade of the ground adjoining such building.

Street. A public right-of-way, primarily used or intended to be used for passage or travel by motor vehicles, also used for pedestrian movement and the distribution of utility services, and from which access can be legally obtained to serve lots which are adjacent to said public right-of-way. Streets include those existing rights-of way laid out or accepted by the City of Concord, or by the State of New Hampshire within the corporate limits of the City, but not those rights-of way laid out as limited access highways.

(a)

Street, Arterial. A street intended to carry local and regional vehicular traffic to, from, and between the limited access highways as well as to, from, and between the major centers of employment, service, and retailing in commercial, industrial, and institutional districts. Arterial streets are characterized by high volumes of traffic, limited or no on-street parking, and two (2) to four (4) travel lanes. A list of Concord's arterial streets, which are classified in the Master Plan and further categorized as major and minor arterials, are included in Appendix B.

(b)

Street, Collector. A street intended to carry local vehicular traffic within commercial, industrial, and institutional districts, as well as to, from, and through residential neighborhoods to reach the arterial streets and the commercial, industrial, and institutional districts. Collector streets are characterized by high volumes of traffic at peak hours, limited on-street parking, and two travel lanes, often with additional turning lanes at intersections. A list of Concord's collector streets, which are classified in the Master Plan and further categorized as major, minor, urban, and rural collectors, are included in Appendix C.

Structure. A combination of material assembled at a fixed location to give support or shelter such as a building, tower, framework, platform, bin, or the like.

Surface Waters. All fresh water bodies and perennial water courses, including lakes, ponds, marshes, rivers, streams, and brooks, but not including dug ponds, seasonal watercourses, or roadside ditches.

Urban Growth Boundary. As described and delineated in the Master Plan, a policy guide for land use, open space, and infrastructure planning, distinguishing those areas intended for urban and suburban development from those areas intended to remain rural in character.

Watershed. The whole area of land that drains into a particular surface water.

Wetland. 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 adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to, swamps, marshes, bogs, and similar areas.

Wild Animals. Animals which originate, grow, or live naturally in the Northern New England environment, and which are not ordinarily domesticated.

Wireless Telecommunications Equipment. Any antenna, satellite dish, microwave dish or equipment used for the receiving, relaying or transmitting of radio, telephone, television or any other electromagnetic based communication or data transfer; or any tower, pole or structure supporting such equipment.

Yard. An open space on the same lot with a main building unoccupied and unobstructed by any structure or portion of a structure provided that fences, walls, poles, posts and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front. A space between a street line and a line parallel thereto extending between side lot lines drawn through the nearest point of a structure.

Yard, Side. A yard extending from the front yard, or front lot line where there is no front yard, to the rear yard.

Yard, Rear. A yard extending between side lot lines across the rear of the lot.

Youth Camp. A seasonal facility which provides organized recreational or educational activities for children or adolescents on a daily, weekly, or monthly basis, and may include accommodations for temporary occupancy by participants and staff, including cabins or tents, and with common sanitary facilities and common dining facilities.

(Ord. No. 2472, § I, 5-12-03; Ord. No. 2771, § III, 10-13-09; Ord. No. 2808, § IV, 12-13-10; Ord. No. 2837, § IV, 7-11-11; Ord. No. 2839, § I, 7-11-11; Ord. No. 2843, § III, 9-12-11; Ord. No. 2918, § III, 11-12-13; Ord. No. 2938, § II, 12-8-14; Ord. No. 2943, § V, 5-11-15; Ord. No. 2963, § II, 7-11-16; Ord. No. 2979, §§ V, VI, 5-8-17; Ord. No. 3006, § V, 4-9-18)