RSA 236:91 · Definitions

236:91 Definitions. – For the purpose of this subdivision, the following words and phrases shall be construed as follows:

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I.

"Effective control" means that by January 1, 1968, all junk yards located within 1,000 feet from the nearest edge of the right-of-way or visible from the main traveled way of the interstate and turnpike systems shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight.

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II.

"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

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III.

"Automobile graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

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IV.

"Junk yard" or "automotive recycling yard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automotive recycling yard, and includes garbage dumps and sanitary fills. The word does not include any motor vehicle dealers registered with the director of motor vehicles under RSA 261:104 and controlled under RSA 236:126.

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V.

The words "interstate system" shall mean any highways which are a part of the national system of interstate and defense highways described in subsection (d) of section 103 of Title 23, United States Code.

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VI.

[Repealed.]

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VII.

The words "turnpike system" shall mean all highways within this state which are a part of the Spaulding and the Central New Hampshire Turnpike established by RSA 237, and which are not defined as interstate system in paragraph V of this section.

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VIII.

The words "zoned industrial area" shall mean those areas zoned for industrial use pursuant to a municipal zoning ordinance, regulation or bylaw.

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IX.

The words "industrial activity" shall mean those activities generally recognized as heavy industrial by zoning authorities in the state. Except that none of the following shall be considered industrial activities:

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(a)

Outdoor advertising structures;

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(b)

Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to wayside fresh produce stands;

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(c)

Activities normally and regularly in operation less than 3 months of the year;

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(d)

Transient or temporary activities;

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(e)

Activities not visible from the traffic lanes of the main traveled way;

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(f)

Activities more than 300 feet from the nearest edge of the main traveled way;

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(g)

Activities conducted in a building principally used as a residence;

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(h)

Railroad tracks, minor sidings and passenger depots;

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(i)

Junk yards, as defined in section 136, Title 23, United States Code.

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X.

The words "unzoned industrial area" shall mean the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 500 feet thereof which is:

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(a)

Located on the same side of the highway as the principal part of said activity, and

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(b)

Not used for residential or commercial purposes, and

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(c)

Not zoned by state or local law, regulation or ordinance. Source. 1939, 50:1, 2. RL 165:22, 23. RSA 249-B:2; 267:1(a), 2. 1955, 275:1, pars. 22, 23. 1967, 252:1. 1971, 81:2, 3. 1981, 87:1; 146:5, XII; 146:7, III. 1992, 88:2. 2008, 164:2, 3, 8, eff. Aug. 5, 2008.

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