DEFINITIONS/PURPOSE
CHAPTER 300.
STATUTORY AUTHORITY: RSA 12-G:10, II
Part 301. PURPOSE
301.01 The purpose of the zoning regulations is to promote the public health, safety and general welfare, promote the safe operation of air transportation, conserve the value of property within the jurisdiction of the Pease Development Authority, assure the most efficient use of existing natural and manmade resources, provide adequate light, air and open space, encourage the appropriate and wise use of land and promote high quality economic development and employment.
PART 302. DEFINITIONS
302.01 "Abutter" means any person, to include property owner, lessee or tenant, whose property adjoins or is directly across the street, right of way or stream or waterway from the lot under consideration; the Towns of Newington and Greenland and the City of Portsmouth. 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 or her land will be directly affected by the proposal under consideration.
302.02 "Accessory building or use" means a building or use which is customarily subordinate or incidental to the principal use or building on a lot.
302.03 "Administrative officer" means the Building Inspector or other official of the Pease Development Authority or, in the applicable case, any official or board of the municipality, when referred by the Board, having responsibility for issuing permits or certificates of occupancy, or for enforcing the provisions of this rule.
302.04 "Administrative decisions" means any decisions involving construction, interpretation or application of the terms of this zoning rule.
302.05 "Aerospace" means of or relating to travel in space beyond the earth's atmosphere, to include the design, construction and operation of vehicles for travel in space beyond the earth's atmosphere.
302.06 "Airport" means property that is maintained for the landing, refueling and takeoff of aircraft and for the receiving and discharge of passengers and cargo traveling by air, to include aviation-related facilities, structures and property.
302.07 "Airport District" means property conveyed, granted or otherwise transferred to the Pease Development Authority by the federal government or any agency thereof, 1) pursuant to Section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. Section 1622(g) as amended, or 2) as otherwise declared or designated by the Authority as the "airport district" in accordance with the procedures prescribed in RSA 12-G:10,II.
302.08 "Airport apron" means the pavement area used or intended to be used for the parking and movement of aircraft.
302.09 "Alteration" means any change, addition or modification in construction or occupancy of an existing structure.
302.10 "Aquifer" means a geologic formation, group of formations or part of a formation in which porous and permeable conditions exist and thus is capable of yielding large quantities of groundwater usable for public or private water supply.
302.11 "Aquifer recharge area" means the land surface area from which infiltration of precipitation through surface soil materials into an aquifer occurs. Recharge may also occur from surface waters, including lakes, streams and wetlands.
302.12 "Aviation-related" means any activity, use, facility, structure, service, property or property right used or intended to be used for any operational purpose related to, in support of, or complementary to the flight of aircraft to or from the airport, to include convenience concessions serving the public.
302.13 "Board" means the Board of Directors of the Pease Development Authority.
302.14 "Buffer" means an area within a lot, generally adjacent to and parallel with the lot line either consisting of existing natural vegetation or created by the use of trees, shrubs, fences and/or berms and designed to limit the view of and/or sound from the lot to adjoining lots or roadways.
302.15 "Building coverage" means the aggregate or maximum horizontal cross section area of all buildings on the lot, including accessory buildings but excluding cornices, eaves, or gutters projecting not more than 30 inches. Structures less than 18" above ground level shall not be included in calculating building or lot coverage.
302.16 "Building Inspector" means the Pease Development Authority Engineer or, in the appropriate case, the building inspection official authorized by the Pease Development Authority Board to conduct and certify inspections.
302.17 "Building footprint" means the building coverage.
302.18 "Commercial use" means an occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.
302.19 "Comprehensive Plan" or "Master Plan" means the Pease Development Plan as described in the Pease Air Force Base Comprehensive Redevelopment Plan prepared by the Bechtel Corporation and adopted by the Pease Redevelopment Commission and subsequently adopted as modified by the Pease Development Authority.
302.20 "Construction trailer" means a structure or structures, to include a mobile home, tractor trailer or similar structure, which is used in conjunction with construction activities and which is used or constructed in such a manner as to permit daily occupancy and/or the storage of equipment and materials
302.21 "Excavation" means the removal, movement or replacement of earth, to include soil, dirt, sod, loam, sand, gravel or stone, above or below grade, for any purpose, to include site grading and building construction. In the appropriate case, excavation also means a land area which is used or has been used for the commercial taking of earth, including all slopes.
302.22 "Front yard" means the open area located on the same lot with a building or structure that extends across the entire width of the lot and is situated between the front lot line and the nearest point of any building or structure. In the case of a corner lot, the front yard is the yard bordering the principal street. Front yard dimensions are to be measured from the street right of way.
302.23 "Frontage" means the horizontal distance measured along the lot line, which lot line abuts a street right of way.
302.24 "Governmental facilities" means buildings, structures and other facilities intended to provide functions or services, other than housing, normally provided by governmental entities, such as wastewater treatment facilities, police stations, fire stations, water distribution systems, and offices for the conduct of governmental functions or services.
302.25 "Gross floor area" means the sum of the areas of the several floors of a building, as measured from the exterior faces of the walls, but excluding the areas of fire escapes, unroofed porches or terraces, and areas such as basements and attics exclusively devoted to uses accessory to the operation of the building.
302.26 "Height" means the vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip, gambrel or other peaked roofs, measured from the lot grade, defined as the average finished ground level of the land surrounding the building.
302.27 "Impact fee" means 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 Pease Development Authority, including but not limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; stormwater drainage and flood control facilities; and public road systems and rights of way.
302.28 "Industrial" means the occupancy or use of any building(s) or structure(s) for assembling, fabricating, finishing, manufacturing, retrofitting, remanufacturing, warehousing, packaging, distribution, or processing operations and related offices. Industrial also includes the servicing or repair of industrial uses.
302.29 "Industrial use dependent upon the airport" means industrial uses that involve aircraft, aircraft parts or aircraft services; or utilize air transportation to obtain goods or services, transport finished products or packaging, or provide services; and which require access to the runway.
302.30 "Light Industry" or "light manufacturing" means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabricating, assembly, treatment, packaging, incidental storage, sales and distribution of such products, and excluding industrial processes which utilize extracted or raw materials, flammable or explosive materials or which potentially involve hazardous or commonly recognized offensive conditions.
302.31 "Lot" means a parcel of land at least sufficient in size to meet the minimum requirements for use, coverage and area and for the provision of required yards and other open space and having its principal frontage on a public street or right of way.
302.32 "Mitigation area" means property, to include wetlands and uplands, used or reserved for the purpose of avoiding, minimizing, rectifying, reducing over time, or compensating for unavoidable environmental impacts or offsetting environmental losses arising from development of the same or another parcel of property.
302.33 "Nonconforming use" or "nonconforming structure" means a building, structure or use of land in existence as of the date of enactment of this Rule which does not conform to the regulation of the zone in which it is situated.
302.34 "Official map" means the officially adopted map of the property under the jurisdiction of the Pease Development Authority showing the location of the exterior lines of all existing and proposed streets, as filed with the registry of deeds of Rockingham County.
302.35 "Open space" means land or water area free of all structures, parking, drives and other uses which preclude attractive landscaping in such area. Open space may be landscaped with lawn, trees, shrubs or other plantings and may include walks and terraces, all of which shall be maintained thereafter in a sightly and well-kept condition. Open space may also include existing woodlands, wetlands, meadows or other natural vegetation areas.
302.36 "Outdoor storage" means the keeping, in an unroofed area, of any goods, material, products, merchandise, junk, or vehicles in the same place for more than 24 hours.
302.37 "Professional office" means an office for the practice of medicine, dentistry, law, accounting, architecture, teaching or other activity in which specialized services to clients are performed by persons possessing a degree from a recognized institution of higher learning involving four or more years of concentrated study related to the occupation involved.
302.38 "Public utility facility" means a communications, electric, gas, cable, water, sewer, or other utility pipe, conduit, transmission line, transformer, reducer, distribution apparatus or other unoccupied structure necessary for the furnishing of utility service.
302.39 "Rear yard" means the open area located on the same lot with a building that extends the full width of the lot along the rear lot line and is situated between the rear lot line and the nearest point of the principal building or buildings.
302.40 "Right of way" means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric or communications transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other special use.
302.41 "Roadway" means a street or other public or private way open to vehicular ingress and egress and reserved or dedicated for street traffic.
302.42 "Runway protection zone" means the trapezoidally-shaped area centered about the extended runway center line at either end of the runway and beginning 200 feet beyond the end of the area usable for the takeoff and landing of aircraft where, due to the higher potential for the occurrence of aircraft accidents, land use is necessarily restricted such that reasonable economic use of the land may be prohibited.
302.43 "Setback" means the required minimum horizontal distance between the principal building and the nearest front, side or rear lot line.
302.44 "Side yard" means the open area located on the same lot with a building that extends from the front yard to the rear yard and is situated between the side line of the lot and the nearest point of the principal building or buildings.
302.45 "Sign" means any name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public, and which directs attention to a product, place, activity, person, institution or business. A sign shall include writing, representation or other figure of similar character within a building only when illuminated and located in a window.
302.46 "Sign, attached" means a sign which is attached to a building wall and which extends eighteen (18) inches or less from the face of such wall.
302.47 "Sign, flashing" means a sign, illumination of which is not kept constant in intensity at all times when in use and which exhibits changes in light, color, light direction, and/or animation. Signs which indicate the time and temperature shall be considered flashing signs.
302.48 "Sign, free standing" means a sign which is not attached or affixed to a structure or building and which is supported by a pole(s) or other supporting members.
302.49 "Sign, incidental" means a sign, generally informational that has a purpose secondary to the use of the lot on which it is located, to include signs such as "no parking," "entrance," "loading only," etc., and similar directives.
302.50 "Sign, internally illuminated" means a sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes as part of the sign.
302.51 "Sign, projecting" means a sign which is attached to a building wall and which extends more than eighteen (18) inches from the face of such wall.
302.52 "Sign, surface area of" means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such perimeter which do not form an integral part of the display. For projecting or double-faced signs, only one (1) display space shall be measured in computing total surface area where the sign faces are parallel or where the interior angle formed by the faces is ninety (90) degrees or less.
302.53 "Sign, temporary mobile" means a sign, customarily located on a trailer or similar wheeled apparatus whether self-propelled or pulled by another vehicle, intended for promotional purposes or to convey an advertising message of any kind, which is not permanently affixed to the ground.
302.54 "Site review agreement" means the legal agreement entered into between the applicant/developer and the Pease Development Authority wherein the applicant/developer, upon site plan approval, agrees to implement development in accordance with the approved site plan, to include any required roadwork, utility or other infrastructure improvements, and provides a performance bond, irrevocable letter of credit or other form of security as a performance guarantee for the satisfactory completion of all construction and/or improvements.
302.55 "Street" means a thoroughfare or roadway which is: 1)an existing paved thoroughfare or roadway; 2) is shown on the official street map approved by the Board; or 3) is shown on a subdivision plat approved by the Board and constructed to specifications or for which security has been posted to guarantee construction of all improvements required by the Board.
302.56 "Subdivision" means the division of a lot or parcel of land into two or more lots or parcels 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 property subdivided.
302.57 "Taxilane" means a designated access lane reserved for the movement of aircraft that provides access to and from a taxiway and airplane parking position, terminal, hangar or other airport apron areas.
302.58 "Taxiway" means a designated access lane reserved for the movement of aircraft to and from the airport runway. Taxiways include the taxiway parallel to the runway and connecting transverse taxiways between the runway and parallel taxiway.
302.59 "Transportation terminal" means a facility or station serving as one end or junction of one or more means of public conveyance, to include rail, bus, limousine, taxi or other commercial motor carrier, and all ancillary structures, yards and other appurtenances incidental thereto.
302.60 "Underground storage facility" means an underground system of tanks, pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or in any combination which are used or designed to be used for the storage, transmission or dispensing of oil or any hazardous substance, and which are within the size, capacity, and other specifications prescribed by rules adopted by the Division of Waste Management, NH Department of Environmental Services pursuant to RSA 146-C:9, VI. In this instance, "hazardous substance" means material defined as a regulated substance under 42 USC 6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA 146-C:9, VI-a. Underground storage facilities shall not include storage facilities housed entirely in a basement or other below grade area of a building or structure.
302.61 "Variance" means a waiver from one or more terms of the zoning rule granted by the Board to the property owner, to include a lessee or sublessee, for a specific parcel of property.
302.62 "Warehouse" means a building used primarily for the storage of goods and materials.
302.63 "Warehousing and distribution" means a use engaged in the storage, wholesale and distribution of manufactured or assembled products, supplies or equipment.
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