ARTICLE 3
DEFINITIONS
3.0 For the purpose of this ordinance, words used in the present tense include the future, the singular number includes the plural, and the plural includes the singular. The word "lot" shall include "plot" or "parcel." The word "structure" shall include the word "building" where the context requires. The word "used" shall include "rented, leased, intended to be used, and occupied." The word "shall" is mandatory and the word "may" is permissive.
CERTAIN OTHER TERMS OR WORDS SHALL BE INTERPRETED AS FOLLOWS:
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 Planning 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. (RSA 672.3)
ACCESSORY APARTMENT
An accessory apartment is a second completely private living unit that is located in the same structure as a single family residence, and not requiring increased acreage or frontage. The primary single family unit must have in excess of 1,500 square feet of gross floor area, not including the accessory apartment. The second dwelling unit (the accessory apartment) shall have no more than 600 square feet of gross floor area and contain no more than two rooms in addition to kitchen and bathroom. Only one such accessory apartment shall be permitted per lot.
Accessory apartments shall meet all relevant codes and sanitary requirements and shall require a certificate of occupancy. Prior to the issuance of a building permit for an accessory apartment, the existing septic system must be certified as being adequate for the additional bedroom space or a new or expanded septic system must be approved by the Water Supply & Pollution Control Division, Department of Environmental Services or its successor agency.
Gross floor area shall mean the sum of the several floors (including basements) of the single family residence measured from the exterior walls, but not including interior parking or loading space for motor vehicles or any space where the floor to ceiling height is less than six feet.
ACCESSORY STRUCTURE
A structure, the use of which is clearly incidental, subordinate and customarily associated with use of a lot.
AGRICULTURAL RETAIL OUTLET
Pick your own. A site on which agricultural, horticultural or silvicultural products are grown and made available, at a fee, for harvest by the public.
Farm stand (roadside stand). A structure from which agricultural, horticultural, or silvicultural products are offered for sale.
APARTMENT
An individual dwelling unit in a building which contains two or more dwelling units.
APPLICANT
The owner of record, or his agent duly authorized in writing at the time of application.
BASEMENT/CELLAR
An area enclosed by foundation walls and partly underground.
BUILDING INSPECTOR
The Building Inspector of the Town of Canterbury, appointed by the Board of Selectman.
BOARD/PLANNING BOARD
The Planning Board of the Town of Canterbury.
CLUSTER SUBDIVISION
A division of land into lots for use as building sites where said lots are arranged into one or more groups and where each lot may have an area and dimensions less than the minimum required for the district. However, the total number of lots in the tract shall not exceed the number permitted in a normal subdivision for that district. Common open space(s) is provided by clustering buildings on lots reduced in size sufficiently to provide the common open space(s) area.
COMMERCIAL KENNEL
Any establishment where boarding of dogs is done as a business, or where more than two litters of pups are whelped during a calendar year.
COMPREHENSIVE TOWN PLAN; SEE MASTER PLAN
CONDOMINIUM
Real property, and any interest therein, pursuant to RSA 356.B. In addition, any buildings involving cooperative ownership and conversions of existing buildings to cooperative ownership or condominiums shall be considered condominiums for the purpose of this ordinance.
DEVELOPMENT
Construction or improvements on a tract or tracts of land.
DEVELOPER
The individual, partnership or corporation, which will be responsible for the construction of all improvements and subsequent sale of lots, buildings and/or dwelling units.
DWELLING UNIT
One room or rooms connected together constituting a separate, independent housekeeping establishment and containing independent cooking and sleeping facilities.
ENGINEER
The duly designated Engineer of the Town of Canterbury, or if there is no such official, the planning consultant or official assigned by the Canterbury Planning Board or Selectmen.
FARM, AGRICULTURE, FARMING
As defined at RSA 21:34-a and as it may be amended from time to time.
FINAL PLAT
The final drawing or drawings on which the applicant's plan of subdivision is indicated, prepared as required under the provisions of the Subdivision Regulations.
FLOOD HAZARD AREA
Those areas containing soils formed in thick alluvial deposits and so delineated by the U.S. Soil Conservation Service survey; and other soils and areas so delineated in other governmental floodway, flood plain or flood hazard studies.
FRONTAGE
The front boundary line of a lot measured by a continuous line along a road or street.
HEALTH OFFICER
The Health Officer of the Town of Canterbury.
LOT
A plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
MANUFACTURED HOUSING
Any structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 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. Manufactured housing as defined in this section shall not include presite built housing as defined in RSA 674:31-a.
MANUFACTURED HOUSING PARK
A plot or parcel designed to be used exclusively for the siting of more than one manufactured housing unit.
MASTER PLAN
A document prepared and adopted by the Planning Board to guide the long-range development of the Town in accordance with RSA 674:2.
MONUMENT
Bounds of concrete or stone, not less than thirty-six (36) inches in length, not less than four (4) inches square or five (5) inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely imbedded or iron pipes or rods at least thirty-six (36) inches in length and three-quarters (3/4) inch in diameter or square.
MULTI-FAMILY
More than two dwelling units in a single building or in separate buildings each containing at least two dwelling units under condominium or apartment ownership within a single lot.
OFFICIAL MAP
The official street map which reflects road classes and zoning and is on a scale of 1"-1000'.
PRELIMINARY PLAT
A plan prepared as required in the Subdivision Regulations and submitted to the Board prior to preparing the final plat.
PRINCIPAL USE
Main or primary use of a lot.
RESIDENTIAL USE
Dwelling units and accessory uses including but not limited to:
- Approved accessory apartments
- Garages and storage buildings for storage of personal vehicles and possessions
- Agricultural buildings for personal use under the 2000sf footprint
- Raising of crops, gardening and agricultural practices for personal use on the same or a contiguous lot to one's lot of residence
RESERVE STRIP
Any area for which future public use is intended for street connection, for pedestrian ways, or for recreational use.
RIGHTS-OF-WAY
A. Any approved road which is accepted or maintained by the Town or State; or
B. Any approved private road which is part of a subdivision; or
C. Any Class VI road as shown on the Town road map as included in the Plan for Tomorrow.
ROAD OR STREET CLASSIFICATION
A. Local: A street used primarily to give access to abutting properties.
B. Collector: A street which, in addition to giving access to abutting properties, serves to carry traffic from local streets to arteries and to public and other centers of traffic concentration.
C. Secondary arterial: A street or highway used primarily for through traffic but which also serves as a collector or local street.
D. Major arterial: A street or highway used primarily for heavy and/or through traffic.
SEPTAGE
Material removed from septic tanks, cesspools, holding tanks, or other sewage treatment units, excluding sewage sludge from public treatment works and industrial waste. Septage includes domestic septage as well as septage from industrial and commercial sources.
SEPTAGE LAGOON
A pit of excavation designed to receive septage.
SPECIAL EXCEPTION
A use which may be granted in certain districts by the Board of Adjustment in accordance with this ordinance.
STRUCTURE
A combination of materials constructed to give support or shelter, including but not limited to uses such as a building, barn, dwelling unit, garage, carport, bridge, shed, tunnel, stadium or the like.
SUBDIVISION
The division of a lot, tract, or parcel of land into two 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 parts among several owners shall be deemed a subdivision.
SUBDIVISION, MAJOR
A subdivision not classified as a minor subdivision, including but not limited to a subdivision of four (4) or more lots.
SUBDIVISION, MINOR
A subdivision of fewer than four (4) lots requiring no new roads. A proposed subdivision that is one of two or more successive minor subdivisions (of the same original parcel) occurring within a 5 year period, where the total number of lots in all the subdivisions taken together is 4 or more, shall be considered a major subdivision for all purposes.
TRAVEL TRAILER
A portable vehicular structure designed to be used as a temporary dwelling for travel, recreation or vacation, built on or propelled on its own chassis. This includes pickup coaches, motor homes, camp trailers and RVs.
TWO FAMILY DWELLING
A single structure designed for or containing two independent dwelling units physically connected in such a way that separation is impracticable. Neither dwelling unit may be an accessory apartment.
VARIANCE
A permit authorized by the Board of Adjustment allowing a departure from the terms of this ordinance in cases where, owing to special conditions inherent in the land (such as topography or lot shape) a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. These are granted in accordance with RSA 674:33, I-III, amended, and Article 8 of this ordinance.
WETLANDS
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
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