Article X - Definitions


Abandonment: An intentional action to abandon or relinquish the use of a property in which some overt act or failure to act which carries the implication that the owner neither claims nor retains any interest in the use.
Accessory Building or Structure: A building or structure subordinate to the main building on a lot used for purposes customarily incidental to those of the main building.
Apartment: Shall mean the same as "unit hereinafter defined.
Apartment House: A multi-unit residential building of three or more units owned by a single person or entity and the units of which are rented or leased to individuals who occupy the units.
Boarding House, Lodging House and Rooming House:
Any' single unit with not more than four bedrooms committed to accommodations for a price for sleeping or living purposes, provided the same is occupied and operated by the owner.
Condominium: A building or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all of the owners on a proportional, undivided basis, and as defined in RSA: 356-B.3.
Frontage: The length of a lot bordering on a public or private road right-of-way
Home Produce and Products: Shall include everything of an agricultural nature grown, produced, conditioned or otherwise carried on the property of the resident. Also, such articles as are manufactured or altered by members of the household of the bonafide resident of any property.
Lot of Record: Land designated as a separate and distinct parcel and described in a legally recorded deed filed with the Registry of Deeds, Carroll County, New Hampshire.
Nonconforming Use:
A use of any property or building which does not conform to the use regulations of this zoning ordinance.
Owner Operated: A business which is occupied and operated by the owner; an individual person or persons. Nothing shall prohibit incorporation of any designated facility here-under provided the owners of more than 50% of the controlled stock of said corporation (or the persons controlling more than 50%:of the entity whether by trust or other fictional person) personally occupy the premises and Serve the corporation of such facility.
Recreational Vehicles, Travel Trailers and Campers: Vehicles designed for highway use and which provide compact living facilities for those traveling.
Right-of-way: Publicly or privately owned land reserved for the location of roads,streets or highways. The width of the right-of-way is usually described in the deed of conveyance or shown on a  development or construction plan involving a particular right-of-way. The boundary lines of the right-of-way are to be deemed the frontage lines of the abutting property.
Road: A public or private way designated for purposes of vehicular travel or vehicular and pedestrian travel, including the entire area within the right-of-way, avenues, boulevards, highways, streets, and all other \ways.
Setback: The minimum distance by which structures are required to be set forth from the specified lot line, measured at right angles or radial thereto. Setbacks from a right-of-way shall be measured from the center line of the traveled portion of the roadway.
Sign: Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surfaces; provided, however, that signs placed or erected by the Precinct, Town,State or Federal Government for the purpose of showing street names or traffic directions or regulations on for other municipal or governmental purposes shall not be included herein.
Ski Club and Outing Club: Any building or portion thereof where lodging is offered to cooperative membership, and/or transient guests for compensation or for free and in which there are more than five (5) sleeping rooms with no cooking appliances in any individual sleeping room or apartment.
Special Exception: A use permitted upon demonstrating that such use in a specified location will comply with all of the conditions and standards for the location or operation of the use as specified in this ordinance and as approved by the Zoning Board of Adjustment.
Structure: Anything constructed or erected, on or in the ground or in the water, or an attachment to something having a fixed location on the ground, including buildings, permanent: or temporary; signs; carports; porches; and other building features, including stacks and antennas, but not including sidewalks; fences; driveways; septic systems; utility poles; boundary markers and field and garden walls or embankment retaining walls. Structure also includes swimming pools and tennis courts.
Tourist Home: Any place consisting of a room or group of rooms located on one premise where transient accommodations of sleeping or living purposes are provided for a price.
Unit: A combination of total living space which shall have kitchen facilities, bath and bedrooms to accommodate an integrated group of people.
Variance: The Authorization by the Zoning Board of Adjustment to construct on or use a particular parcel in a manner that is not permitted by this zoning ordinance. The Zoning Board's authority to grant variances is limited by the criteria for the granting of variances as set forth in NHRSA 674:33, I(b), and as interpreted by the Courts. To obtain a variance, an applicant must satisfy each of the five requirements:
  1. No diminution of value of surrounding properties would be suffered;
  2. Granting the permit would be of benefit to the public interest;
  3. Denial of the permit would result in unnecessary hardship to the owner seeking it;
  4. By granting the permit substantial justice would have been done;
  5. The use must not be contrary to the spirit of the Ordinance. Gelinas v. Portsmouth,. 97 N.H. 248 (1952)
Vehicle: A self-propelled device used for transportation of people or goods over land surfaces and typically licensed as a motor vehicle.
Wetland: an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal conditions, does support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas. (Definition as described by NH Code of Administrative Rules, Wt.101.79)

Kearsarge Zoning Ordinance