Town of Portsmouth, RI Division into Districts

Section A Establishment of districts.

The Town of Portsmouth is hereby divided into the following zoning districts:

RESIDENTIAL DISTRICTS

R-10

R-20

R-30

R-40

R-60

COMMERCIAL DISTRICTS

C-1

INDUSTRIAL DISTRICTS

I-L (Light)

I-H (Heavy)

WATERFRONT DISTRICTS

OPEN SPACE AND PUBLIC LANDS DISTRICT

WATER RESOURCE PROTECTION DISTRICT

WRPD

REDEVELOPMENT DISTRICT

Section B District boundaries and descriptions.

The boundaries of these districts are hereby established as shown on the map accompanying this Ordinance entitled "Zoning Map, Portsmouth, Rhode Island" dated January 15, 1980 and signed by the members of the Town Council of Portsmouth, and said Map, the original of which is hung in the Office of the Town Clerk, is hereby declared to be part of this Ordinance.

Intent and purposes of districts.

	RESIDENTIAL DISTRICTS are intended to allow orderly development of residential dwellings designed to complement the natural features of the land, to promote suitable placement of buildings and related facilities in relation to the site and surrounding areas, with adequate living space and open space, to avoid overcrowding of land, to encourage good design, to avoid overburdening municipal facilities, and to insure compatibility with the immediate neighborhood and with the natural environment.
		R-10 DISTRICT is a residential zone with minimum lot size of ten thousand square feet (10,000 ft.²)
		R-20 DISTRICT is a residential zone with minimum lot size of twenty thousand square feet (20,000 ft.²)
		R-30 DISTRICT is a residential zone with minimum lot size of thirty thousand square feet (30,000 ft.²)
		R-40 DISTRICT is a residential zone with minimum lot size of forty thousand square feet (40,000 ft.²)
		R-60 DISTRICT is a residential zone with minimum lot size of sixty thousand square feet (60,000 ft.²) and special restrictions to preserve and protect important natural resources.
	COMMERCIAL DISTRICT C-1 is established to provide areas for commercial establishments and serve community and Town-wide shopping and service needs.
	TOWN CENTER DISTRICT - TC is established to provide for a pedestrian-friendly commercial district that is more densely developed than the Commercial C-1 zone. Developments in the Town Center District shall, to the extent possible, contribute to an atmosphere of a traditional New England town center. While allowing mixed uses and planned unit developments, this district is more restrictive than the C-1 District in terms of discouraging or prohibiting uses that are not conducive to its purpose. Other than prohibited uses, all proposed uses in the TC District are subject to special use permits and design review. [Added 10-27-2004]
	INDUSTRIAL DISTRICTS are established to encourage intensive industrial and business activities, with proper safeguards for protecting nearby residential areas and environmentally sensitive areas.
	HEAVY INDUSTRIAL I-H is established to provide for levels of noise, vibration, smoke, odor and other evidence of industrial activity commensurate with State and Federal standards and other performance standards that may be set by the Town.
	LIGHT INDUSTRIAL I-L is established to provide for a lesser level of noise, vibration, smoke, odor and other evidence of industrial activity commensurate with performance standards that may be set by the Town.
	WATERFRONT DISTRICT WD is established primarily for businesses catering to marine and marine-related activities.
	OPEN SPACE AND PUBLIC LANDS OS is established for all lands which shall be dedicated to open space, recreation, conservation, or public uses.
	REDEVELOPMENT DISTRICT is existing or formerly property of the U.S. Navy generally known as the tank farms.

Identification of certain districts. Further identification of boundaries for certain districts is established by the Zoning Map and Lot numbers as follows:

R-60 is established by the Zoning Map and specific lot numbers as follows:

	R-60 DISTRICT LOTS[1]
	MAP 13
	LOT: Founders Grove (junction of Route 138 & Boyd's Lane, State property).
	MAP 28[2]
	LOT: 71 (500 feet surrounding St. Mary's Pond, Sisson Pond and Lawton Valley Reservoir, measured landward from the high water line, not in Open Space District).
	MAP 32
	LOTS: 1, 1A, 1B, 2, 3 (south of Brook, 500 feet west of West Main Road to western lot line)
	MAP 37
	LOTS: 3, 5, 6, 7, 8, 9, 30, 31, 32, 33, 34
	MAP 50 [Added 12-11-2000]
	LOTS: 3
	MAP 59
	LOTS: 17A, 19
	MAP 62
	LOT: 6

	R-60 DISTRICT LOTS (Prudence Island)
	Map 71
	LOT: 1
	Map 72
	LOTS: 1, 2 and 3
	Map 73
	LOTS: 25-A, 25-B
	Map 74
	LOTS: 16, 17, 18, 19, 20, and 23
	Map 76
	LOTS: 1, 2, 3, 5, 5-A, 5-B, 6, 6-A, 6-B
	Map 77
	LOTS: 79, 80, 109, 110, 111 and 114
	Map 78
	LOTS: 78 and 79
	Map 79
	LOTS: 1, 2 and 69
	Map 80
	LOT: 1
	Map 81
	LOTS: 5 and 5-A
	Map 82
	LOTS: 1 and 6
	Map 83
	LOTS: 1, 2, 3, 9, 10, 11, 12, 12-C, 12-D, 12-E, 12-I, 12-J, 12-K, 12-L, 12-M, 13 and 14
	Map 84[3]
	LOTS: 60-A, 60-B, 77, 78, 80, 81, 82, 83 and 84

[1]

Note: Technical Amendment August 1996 to correct errors: Portions of lots in Maps 51, 56, 60, 61 and 63 are in R-60 zone within 500 feet surrounding St. Mary's Pond, Sisson Pond and Lawton Valley Reservoir, measured landward from the high water line, not in Open Space District, as follows:

MAP 51 - LOTS: 53, 55, 55A

MAP 56 - LOTS: 4, 5, 6, 12, 12A, 12B, 14, 15, 16, 17, 18, 30.

MAP 60 - LOTS: 10, 11, 13, 14, 14A, 16, 17, 20, 22, 22A, 23, 24, 25, 26, 27, 45, 46, 47.

MAP 61 - LOTS: 1, 3, 5

MAP 63 - LOT: 1.

[2]

Note: Technical Amendment August 1996 to correct errors: No portion of Map 28 is in R-60 zone.

[3]

Note: Article III. Section B., paragraph 3 R-60 District Lots. That map 84, Lot 60, (Prudence Island) be rezoned from Open Space to R-20 with the requirement that no lots coming out of that lot be smaller than 47,000 square feet (three lots in all). AMENDED: August 15, 1994

Identification of non-residential districts. Further identification of non-residential zoning district boundaries is established by the Zoning Map and Lot numbers as follows:

	COMMERCIAL DISTRICT LOTS
	MAP 19
	LOTS: 80,[4] 86, 87, 88, 89, 131, 132, 133, 134, 135
	MAP 20
	LOTS: 1, 303, 304, 305, 306, 307, 358, 359, 360, 361, 362
	MAP 21
	LOTS: 10, 11, 12, 13, 14, 15, 49, 50, 51, 52, 56, 57, 58, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 85A, 86, 86A, 104, 105, 139A, 141, 142, 143, 144, 145, 145A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 160, 162
	MAP 24
	LOTS: 1, 2, 9, 10, 10A, 11, 12, 13, 14, 51, 52, 52A, 53, 53A, 54, 58, 59, 59A, 60, 61, 62, 63, 64
	MAP 25
	LOTS: 1, 2, 7, 8, 9, 16, 17, 21
	MAP 29
	LOTS: 1, 2, 3, 4, 5, 5A, 6, 7, 8, 9, 10, 11, 30, 31, 32, 32A, 33, 39, 40, 100, 101, 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 113, 116, 117
	MAP 31[5][6]
	LOTS: 1, 2, 3, 4A, 15, 16, 17, 18, 19, 20, 20A, 21, 22, 23, 24, 24B, 25, 26, 27, 28, 29A, 29B, 30, 32, 32A, 33, 34, 34A, 126, 127, 128, 129, 75, 76, 77, 78
	MAP 33
	LOTS: 41B
	MAP 34[7]
	LOTS: 7, 6, 21, 22, 23, 24, 25, 26, 27, 33, 34, 35, 36, 37, 38, 39, 40, 41
	MAP 35
	LOTS: 15A, 16, 18
	MAP 41[8]
	LOTS: 29
	MAP 42
	LOTS: 2, 35, 36, 43, 44, 90
	MAP 44
	LOTS: 10A, 11, 12, 13, 14, 15 (from West Main Road 500 feet east), 15A, 16, 17, 18, 19
	MAP 45
	LOTS: 1, 2, 43, 44, 44A, 89, 90, 91, 92, 93, 94, 95, 96 (268' north and 498' southeast of East Main Road)
	MAP 47[9]
	LOTS: 2A, 32, 33, 34, 35, 36
	MAP 51
	LOTS: 15,[10] 16, 34, 34A, 34B, 34C, 35, 36, 37, 37A, 37B, 37D
	LOTS: 4, 5, 12[11]
	MAP 55
	LOTS: 4, 5, 8 and the easterly most three hundred (300) feet of Lots 9, 10, 11 & 12[12]
	MAP 56
	LOTS: 6, 7, 8
	MAP 57
	LOTS: 2, 3, 4, 5, 34B, 36
	MAP 58
	LOTS: 1, 2, 3
	MAP 77 [Added 3-28-2011]
	LOTS: 113

	TOWN CENTER COMMERCIAL DISTRICT LOTS[13]
	MAP 33
	LOTS: 37, 38, 39, 40
	MAP 34
	LOTS: 1, 2, 3, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104
	MAP 35
	LOTS: 13, 14, 15 (772' west of East Main Road), 17, 19, 20, 21, 22, 23, 24, 25, 26
	MAP 36
	LOTS: 7, 8, 9, 11, 12, 12A, 13, 14 (434' east of East Main Road) 15, 16, 17, 18, 19, 61* * Indicates zone changed subject to filing of deed restriction.

	LIGHT INDUSTRY DISTRICT LOTS
	MAP 37
	LOTS: 48, 69
	MAP 38
	LOTS: 1,[14] 5, 6, 7A, 7B, 7C, 7D, 7E, 11, 12, 13, 13A, 13B, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32
	MAP 43 [Added 4-29-2002]
	LOTS: 1 part[15]
	MAP 44
	LOTS: 1, 2, 3, 4, 5, 6, 7, 8, 10, 15 (see Commercial)
	MAP 51[16]
	LOTS: 47, 50, 53, 54, 55
	MAP 52
	LOT: 5
	MAP 53:
	LOTS: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 18A, 18B, 18C, 18D, 18E, 18F, 18G, 18H, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 32A, 18J
	MAP 57
	LOTS: 6, 7, 7A, 7B[17]
	MAP 58
	LOTS: 50, 50A, 50B, 51, 52, 53

	HEAVY INDUSTRY DISTRICT LOTS
	MAP 16[18]
	LOT: 37
	MAP 17
	LOT: 8
	MAP 22
	LOTS: 1, 2, 3, 4, 10, 19, 20, 21, Lot 10 (500 feet East of RR)
	MAP 23
	LOT: 18 (500 feet East of RR)
	MAP 26
	LOTS: 1, 2, 2A, 3, 4, 10, 11, 12, 13
	MAP 27
	LOTS: 6, 6A, 7, 24A, 24B,[19] 25
	MAP 32
	LOT: 3 (North of Brook from 500' west of West Main Road to western lot line)
	MAP 50
	LOTS: 1, 2, 5
	MAP 51
	LOT: 1

	WATERFRONT DISTRICT LOTS
	MAP 37
	LOTS: 36, 36A, 36B, 36C
	MAP 43
	LOTS: 1 part,[20] 3, 4, 5, 6, 7
	MAP 50
	LOTS: 6, 7

	OPEN SPACE AND PUBLIC LANDS DISTRICT LOTS
	MAP 7
	LOT: 8
	MAP 13
	LOT: 1
	MAP 25
	LOT: 48
	MAP 37
	LOT: 37
	MAP 38
	LOT: 6A
	MAP 43
	LOT: 1 part,[21] 1A
	MAP 49
	LOT: 44
	MAP 50
	LOT 7 part (see note 22)
	MAP 56
	LOT: 4, 5
	MAP 59
	LOTS: 15, 16, 17, 18, 20, 21, 25, 26
	MAP 60
	LOT: 25
	MAP 61
	LOT: 6, 7, 8
	MAP 62
	LOT: 3, 4, 5, 8, 9

	REDEVELOPMENT DISTRICT LOTS [Added 3-15-2010]
	MAP 43
	LOT: 1L

[4]

Note: That Map 19, Lot 80 be rezoned from Residential-20 to Commercial (without restrictions). (The previously set conditions being: That the hours of operation would be from 8:00 a.m. to 5:00 p.m., Monday through Friday, that all boats will be delivered or taken from the premises during these business hours, that there will be appropriate screening that will not block the view of homes but will protect property rights, that there will be no repair shops and that the building will be used for storage and retail sale only.) (Could vary the conditions by going to the Zoning Board of Review.) Also previously voted was to allow a business office and medical offices. ADOPTED: August 15, 1994.

[5]

Note: ARTICLE III, Section B, (4), "Commercial District Lots, Map 31" is amended by deleting Lot 29 there from. Effective September 9, 1997, Lot 29 on Map 31 be rezoned Residential-20 (from Commercial) subject to the following conditions: That the owners of said lot 29 shall maintain the existing chain link fence along the common boundary with lot 70 on Map 28; that the owners of lot 29 enhance the present vegetative buffer along said boundary with lot 70 so that it has a screening effect equal to a compact evergreen screen five feet deep and at least six feet in mature height and said enhanced buffer be maintained; that the owners of lot 29 install and maintain a compact evergreen screen, five feet deep, not less than six feet in mature height and no less than two and one-half feet in height at planting along the common boundary of lot 29 and lot 29-A. Adopted September 9, 1997. Article III, Section B 4 amended November 10, 1999 by deleting lots 79, 80, 81 & 82 on Map 31 from Commercial District Lots and re-designating R-20. Lots 32 and 32A, Map 31, as subdivided and zone line adjusted per Planning Board and Town Council approvals on 9-10-2018.

[6]

Note: That Article III Section B.4 is hereby amended by deleting Lot 4 on Map 31 from Commercial District Lots. That the Zoning Map be amended to designate Lot 4 on Map 31 as Residential (R-20) zoning designation. Adopted 6-14-2021 by Ord. No. 2021-06-14A.

[7]

Note: Lot 7 added August 23, 2010. Article III, Section B paragraph 4 Commercial lots - effective July 12, 2004, Lot 6 on Map 34 is zoned commercial with the following conditions:

1. The property will be sub-divided as shown on the plan submitted to the Town Council on July 12, 2004. (Town Clerk's Note: The Plan referred to was recorded in the Land Evidence Records on July 20, 2004, as Plan #862.)

2. Use of the premises to be limited to professional medical offices.

3. The size, location and design of the new building be in substantial accordance with the plans submitted to the Town Council on July 12, 2004, subject to any changes approved by the Portsmouth Zoning Board of Review.

[8]

Note: Article III, Section B paragraph 4 Commercial lots - effective November 9, 1999, Lot 29 on Map 41 is zoned commercial with the following conditions:

1. That all lighting be designed to illuminate only the subject property and be directed away from neighboring property.

2. That there be no construction or parking on the westerly forty (40) feet of the subject lot and said area be devoted solely to a landscape buffer.

3. That a compact evergreen screen, no less than six (6) feet in mature height, be planted and maintained:

a. Along the entire westerly boundary, and

b. Beginning with a point equidistant from East Main Road with the easterly point of any building and running westerly along the boundaries with lots 31 and 32 to the northwest corner of the subject lot.

4. That all work be performed within the building.

5. That the use be limited to retail sales and service, specifically excluding food or beverage service.

6. That the curb cut to East Main Road be abandoned and all access be from Crossings Court.

[9]

Note: Article III Section B. 4 is hereby amended by adding Lot 2A on Map 47 to the Light Industry District Lots. Adopted 6-14-2021 by Ord. No. 2021-06-14B.

[10]

Note: Adopted 5-24-2004 (from R20 to Commercial)

[11]

Note: Adopted 2-11-2008 (from Residential to Commercial)

[12]

Note: Adopted: 12-15-1999. Article III, Section B paragraph 4 Commercial lots - Lot 8 and the easterly most three hundred (300) feet of Lots 9, 10, 11 & 12 on Map 55 are zoned commercial with the following conditions:

1. That the property be limited to the following uses:

a. Professional offices such as engineers, attorneys, financial planners, real estate and/or insurance agencies and the like;

b. Day care facilities limited to serving the needs of employees of the site and neighboring assisted living facility;

c. Offices and clinics for medical, dental, psychiatric or other health services for the examination or treatment of persons as out patient, including laboratories that are a part of such offices or clinics;

2. That the following uses are expressly prohibited: retail sale businesses; drive-in or drive-through facilities, whether attended or unattended; food or beverage service and/or restaurants whether or not intended for the use of the primary occupants of the building; wholesale businesses or storage businesses; business or financial offices or establishments other than allowed pursuant to paragraph 1a & c above; service businesses other than expressly allowed pursuant to paragraph 1a, b & c above; social clubs, lodges, libraries, schools or museums.

3. This amendment is conditioned upon the issuance of all final approvals by the State of Rhode Island Department of Transportation and any other appropriate agency to authorize the installation of a traffic signal at the entrance to West Main Road, (Route 114).

4. If the condition set forth in paragraph 3 above is satisfied, this amendment shall become effective upon the recordation in the Portsmouth Land Evidence records of a special use permit authorizing the establishment of a nursing home/assisted living facility on Tax Assessor's Map 55, Lot 13.

[13]

Note: The following lots were re-zoned from "Commercial" to "Town Center - Commercial" on 10-27-2004:

MAP 33 - LOTS: 37, 38, 39, 40

MAP 34 - LOTS: 1, 2, 3, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104

MAP 35 - LOTS: 13, 14, 15 (772' west of East Main Road), 17, 19, 20, 21, 22, 23, 24, 25, 26

MAP 36 - LOTS: 7, 8, 9, 11, 12, 12A, 13, 14 (434' east of East Main Road) 15, 16, 17, 18, 19, 61*

[14]

Note: Article III, Section B 4 is amended to add the following parcels to that section entitled: "LIGHT INDUSTRY DISTRICT LOTS" That portion of Lot 1 on Map 38 rezoned from Light Industry to R-20: Beginning at a point, which said point is the northwest corner of the portion of the parcel to be zoned R-20 and the intersection of the southerly side of Cory's Lane, then running southwesterly, along the northwesterly boundary line of said parcel, a distance of twelve hundred (1,200) feet more or less to the southwest corner of said parcel as a point for a corner; thence turning and running southeasterly, along the southwesterly boundary line of said parcel a distance of four hundred seventy-five (475) feet to a point for a corner; thence turning and running northeasterly in a straight line; parallel and four hundred seventy-five (475) feet southeasterly of the first course herein described a distance of twelve hundred (1,200) feet more or less to the southerly side of Cory's Lane to a point for a corner; thence turning and running northwesterly, bounded northeasterly by said Cory's Lane, four hundred seventy-five (475) feet to the point or place of beginning. Adopted 3-20-2006.

[15]

Note: Article III, Section B 4 is amended to add the following parcels to that section entitled: "LIGHT INDUSTRY DISTRICT LOTS": That portion of Lot 1 on Map 43 designated thereon as parcel L (from the eastern boundary to a line 600 feet easterly and parallel to the centerline of the railroad line). That the certain map entitled: "Zoning Map, Portsmouth, Rhode Island, dated January 15, 1980" be amended to reflect said changes.

[16]

Note: Parcels Map 51, Lots 49, 51, 52 and 54 were removed from the Light Industrial zone 5-7-2008.

[17]

Note: Map 57 lots 7A and 7B added 3-22-2000.

[18]

Note: Adopted: 11-3-1997. ARTICLE III, Section B(4), District Boundaries is amended to delete the following parcel of land from "Heavy Industry District Lots": Tax Map 16, Lot 40 (previously a portion of existing Lot 37); Lot 40 on Tax Assessor's Map 16 is rezoned Residential-40, subject to the following conditions: That the northerly portion of Lot 37, now known as Lot 40, on Tax Map 16 be zoned Residential-40 upon the following conditions:

- that a subdivision plan substantially in compliance with the plan reviewed by the Council be approved by the Portsmouth Planning Board and that said plan contain the following:

- trees which form part of a canopy over Therien Road must be marked on said plan and not removed,

- that all lots, including those having frontage on Therien Road, have access over a common drive from West Shore Road;

- that lots fronting on Therien Road be subject to a 150 foot building setback restriction, (exclusive of sheds and fences), running parallel to Therien Road up to a point 125 feet from the easterly boundary of lot 40,

- that lots bordering lots 38 and 39 be subject to a 30 foot building setback restriction (exclusive of sheds and fences) along the northerly border of lot 38 and the easterly and northerly border of lot 39;

- that the plat provide an easement for the owner of lot 39 to travel over and across an existing driveway on lot 37;

- that the plat provide the owner of lot 33 an easement for parking purposes which could be screened with shrubbery if necessary;

- that the matter of Riley Lamson v. Zoning Board of Review, M.P. 97-6 be dismissed.

[19]

Note: Map 27, lots 24A and 24B added 3-22-2000.

[20]

Adopted 4-29-2002. Note: Article III, Section B 4 is amended to add the following parcels to that section entitled "WATERFRONT DISTRICT LOTS"

1. that portion of Lot 1 on Tax Map 43 designated thereon as Parcel M.

2. that portion of Lot 1 on Map 43 designated thereon as Parcel L (from the centerline of the railroad line to a line 600 feet easterly of and parallel to the centerline of the railroad line).

[21]

Adopted 4-29-2002. Note: That Article III, Section 4 is amended to add the following parcels to that section entitled "OPEN SPACE AND PUBLIC LANDS DISTRICT LOTS":

1. All of Lot 1 on Map 43 south of Lawton Brook and all of lot 7 on Map 50 south of Lawton Brook's outfall to the Bay, (commonly known as tank farms 3 and 4 and adjacent coastal areas).

Section C Rules for interpretation of zoning boundaries.

Where uncertainty exists as to boundaries of zones, as shown on the Zoning Map, the following rules shall apply:

Boundaries indicated as following the center lines of a highway, street, railroad or utility right-of-way shall be construed to follow such center line.

Boundaries indicated as following property lines shall be construed to follow such property lines.

Boundaries indicated as following shore lines shall be construed to follow such shore lines (mean high water) and in the event of change in the shore line, shall be construed as moving with the actual shore line.

Boundaries indicated as approximately following the center lines of streams, rivers, ponds or other bodies of water shall be construed to follow such center lines or middle of said stream, river, pond or body of water.

Land created by the filling of a stream or water body shall be considered to be within the district of the land from which such fill was extended.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

When a lot is situated in part in the Town of Portsmouth and in part in an adjacent municipality, the provisions of this Ordinance shall be applied as if the entire lot were situated in Portsmouth.

Boundaries indicated as parallel to, or extensions of, features indicated in 1 through 7 above shall be so construed.

Distances not specifically indicated on the Zoning Map nor in District Boundaries in Section B above shall be determined by the scale of the Zoning Map.

10.

Where the exact location of a boundary line cannot be determined under the above subsections, the location of such line shall be determined by the zoning enforcement officer.

11.

Where physical or natural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by the above subsections, the Zoning Board of Review shall interpret zoning district boundaries.

Section D Application of district regulations.

When a lot is transected by a Zoning District Boundary, the regulations of this Ordinance applicable to the larger part by area of such lot may also, at the option of the lot owner, be deemed to govern the smaller part beyond such Zoning District Boundary but only to a distance of not more than forty linear feet (40') in depth beyond such zoning District Boundary.

No building shall be erected except on a lot fronting on a public street, and there shall be not more than one (1) principal building on any lot, except as allowed under this Ordinance.

No accessory building in a residential district may be converted to a principal use.

Notwithstanding any other provisions of this ordinance to the contrary, any structures, buildings and land owned, leased or used by the Town of Portsmouth may be erected, enlarged, or used by the Town of Portsmouth in the performance of its governmental functions, in any district, and said structures, buildings or lands so erected, enlarged, or used shall be exempt from the provisions of this ordinance.

Section E Open Space and Public Lands District.

The Open Space and Public Lands District is established for all lands which shall be dedicated to open space, recreation, conservation, or public uses.

The following are the permitted uses:

Recreation.

Conservation.

Public Uses.

Wildlife Management.

Agriculture.

Forest Management.

Historic Monuments.

Museum.

Nonprofit historical restoration.

Structures accessory to permitted uses, as a special use permit.

Utility lines, provided they are underground, as a special use permit.

On Town owned land, any use approved by the Portsmouth Town Council.

(Note: There shall not be a listing of permitted uses in this district in the Use Tables in Article V.)

No dimensional requirements shall be set for permitted uses in this district, provided that setbacks from abutting non-open space district parcels shall be those of said abutting district.

Special Use Permits. The Zoning Board of Review may permit in an open space district any use which will not interfere with the primary purpose of this district for open space, recreation, and conservation.

Section F Flood hazard areas.

[Amended 3-22-2010; 8-26-2013 by Ord. No. 2013-08-26A]

Purpose.

The purpose of this ordinance is to ensure public safety, to minimize hazards to persons and property from flooding, to protect watercourses from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Portsmouth elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

The provisions herein governing the development and use of inland and tidal land subject to flood hazards shall be minimum provisions, shall take precedence over any other conflicting laws, ordinances, or codes, shall not impair or remove the necessity of compliance with any other applicable laws, ordinances, or codes and shall consider any flood plain management programs in neighboring municipalities.

Applicability.

All lands determined by the Building Official to be within Special Flood Hazard Areas and flood fringe lands shall be subject to the procedures and regulations established in this section.

The special flood hazard areas are herein established as a floodplain overlay district. The District includes all special flood hazard areas within the Town of Portsmouth designated as Zone A, AE, V, or VE on the Newport County Flood Insurance Rate Map (FIRM) and Digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Newport County FIRM that are wholly or partially within the Town of Portsmouth are panel numbers 0011J, 0012J, 0013J, 0014J, 0018J, 0019J, 0038J, 0039J, 0076J, 0077J, 0079J, 0081J, 0082J, 0083J, 0084J, 0091J, 0092H, 0094H, 0101J, 0103J, 0111J, 0113J, dated September 4, 2013. The exact boundaries of the District may be defined by the one-hundred-year (100-year) base flood elevations shown on the FIRM and further defined by the Newport County Flood Insurance Study (FIS) report dated September 4,2013. The office of the Portsmouth Building Official is responsible for floodplain management. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Building Official of the Town of Portsmouth.

[Amended 2-25-2019 by Ord. No. 2019-02-25]

Administration.

Provisions of this section of the ordinance, including plan review for compliance, record keeping, enforcement and coordination with State and Federal agencies are administered by the Portsmouth Building Official or his/her designee in reference to RIGL § 23-27.3-108.1.

Violations of flood hazard regulations are administered per ARTICLE XVI of this ordinance in reference to RIGL § 23-27.3-122.3.

All proposed construction or other development within a Special Flood Hazard Area shall require a permit.

The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a Special Flood Hazard Area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore if another State agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files.

If the construction or other development within a Special Flood Hazard Area is not covered by a building permit or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall be submitted to the Portsmouth Building Official and shall include:

(1)

The name and address of the applicant;

(2)

An address or a map indicating the location of the construction site;

(3)

A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;

(4)

A statement of the intended use of the structure;

(5)

A statement as to the type of sewage system proposed;

(6)

Specification of dimensions of the proposed structures;

(7)

The specific datum used for all elevations;

(8)

The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

(9)

Base flood elevation data for all new, relocated or substantially improved structures;

(10)

The elevation (in relation to mean sea level) to which the structure will be floodproofed;

(11)

The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by Federal or State law.

All permit applications for construction or other development within a Special Flood Hazard Area shall be reviewed to determine whether the proposed site will be reasonably safe from flooding. All new construction and substantial improvements shall:

(1)

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

Be constructed with materials resistant to flood damage;

(3)

Be constructed by methods and practices that minimize flood damages, and;

(4)

Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

All new subdivision proposals, including new manufactured home parks, shall be reviewed to determine whether the proposed site will be reasonably safe from flooding. All such proposals shall be reviewed to assure that:

(1)

They are consistent with the need to minimize flood damage within the flood-prone area,

(2)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage,

(3)

Adequate drainage is provided to reduce exposure to flood hazards.

Reference to existing regulations.

The Special Flood Hazard Areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special use permit must be in compliance with the following:

	•	Rhode Island State Building Code (as established under Rhode Island General Law § 23-27.3-100.1)
	•	Coastal Resources Management Program, Coastal Resource Management Council (RIGL § 46-23)
	•	Endangered Species Act, Rhode Island Department of Environmental Management (RIGL § 20-1-2)
	•	Freshwater Wetlands Act, Department of Environmental Management (RIGL § 46-23-6)
	•	Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (RIGL § 46-12)
	•	Water Quality Regulations, Rhode Island Department of Environmental Management (RIGL § 42-17.1 and 42-17.6 and 46-12)

Any variances from the provisions and requirements of the above referenced State regulations may only be granted in accordance with the required variance procedures of these State regulations.

All new and replacement water supply systems proposed for installation in a Special Flood Hazard Area are to be designed to minimize or eliminate infiltration of flood waters into the systems.

All new and replacement waste water treatment systems proposed for installation in a Special Flood Hazard Area are to be designed to minimize or eliminate infiltration of flood waters into such systems and discharge from such systems into flood waters. New or replacement onsite waste water treatment systems are to be located to avoid impairment to them or contamination from them during flooding. The provisions of this paragraph are reviewed and administered by the Rhode Island Department of Environmental Management (RIDEM).

All manufactured homes to be placed within a Special Flood Hazard Area shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of the Rhode Island Building Code. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

In a riverine situation requiring any alteration or relocation of a watercourse, the carrying capacity of any altered or relocated watercourse shall be maintained. If the watercourse crosses municipal boundaries, the Portsmouth Building Official shall notify the adjacent community, as well as:

	NFIP State Coordinator Rhode Island Emergency Management Agency 645 New London Avenue Cranston, RI 02920
	Risk Analysis Branch Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110

Base flood elevation and floodway data.

Floodway Data - In Zones A, A1-30 and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base Flood Elevations in A Zones - Where BFE data is available, the Building Official shall obtain and maintain records of the lowest floor elevation and height of flood proofing for all new and substantially improved construction.

Base Flood Elevations in A Zones - In the absence of BFE data and floodway data, the best available Federal, State, local, or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for flood proofing non-residential structures to or above the base flood level.

Base Flood Elevations in A Zones - BFE data is required for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres, whichever is the lesser.

Use regulations. Uses permitted by right or by Special Use Permit pursuant to Article V of this ordinance and located in Special Flood Hazard Areas (not including flood fringe lands) shall be subject to the following provisions:

A and AE Zones:

(1)

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.

(2)

All new construction and substantial improvements of residential structures within Zones A and AE shall have the lowest floor (including basement) elevated to or above the Base Flood Elevation.

(3)

All new construction and substantial improvements of non-residential structures within Zones A and AE:

(i)

Shall have the lowest floor (including basement) elevated to or above the base flood level OR,

(ii)

Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(4)

Where a non-residential structure is intended to be made watertight below the base flood level:

(i)

A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of paragraph 7.c)(2) above and,

(ii)

A record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained with the Portsmouth Building Official.

(5)

For all new construction and substantial improvements in the A and AE Zones, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or limited storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(i)

A minimum of two (2) openings having a total net area of not less than one square inch (1"²) for every square foot of enclosed area subject to flooding shall be provided.

(ii)

The bottom of all openings shall be no higher than one foot (1') above grade.

(iii)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(6)

All manufactured homes that are placed or substantially improved upon within Zones A and AE on sites: a) outside of a manufactured home park or subdivision, b) in a new manufactured home park or subdivision, c) in an expansion to an existing manufactured home park or subdivision, or d) in an existing manufactured home park or subdivision in which a manufactured home has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(7)

All manufactured homes to be placed or substantially improved upon in an existing manufactured home park or subdivision within Zones A and AE that are not subject to the provisions of paragraph 6.a)(6) above shall be elevated so that either:

(i)

The lowest floor of the manufactured home is at or above the Base Flood Elevation, OR,

(ii)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches (36") in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(8)

Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if the following standards are met:

(i)

The structure has a value less than one thousand dollars ($1,000).

(ii)

The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.

(iii)

The structure is not in the floodway.

(iv)

The structure is not used for storage of hazardous materials.

(v)

The structure is used solely for parking of vehicles and/or limited storage.

(vi)

The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of flood water.

(vii)

The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

(viii)

Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

(ix)

The structure must not increase the flood levels in the floodway.

V and VE Zones (coastal high hazard areas):

(1)

All new construction and substantial improvements in within Zones V and VE shall be elevated on pilings and columns so that:

(i)

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level, and,

(ii)

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of this section.

(2)

All new construction and substantial improvements within Zones V and VE shall have the space below the lowest floor:

(i)

Free of obstructions as described in FEMA Technical Bulletin 5 "Free of Obstruction Requirements for Buildings Located in Coastal High Hazard Area in Accordance with the National Flood Insurance Program", or

(ii)

Constructed with open wood lattice-work, or insect screening intended to collapse under wind and water without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting piles or columns; or,

(iii)

Designed with an enclosed area less than three hundred square feet (300 ft.²) that is constructed with non-supporting breakaway walls that have a design safe loading resistance of not less than ten (10) or more than twenty (20) pounds per square foot.

	Use of break-way walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
	a)	Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and,
	b)	The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.

Such enclosed space shall be usable solely for parking of vehicles, building access, or limited storage.

(3)

For all new construction and substantial improvements within Zones V and VE, the Portsmouth Building Official shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns), determine whether or not such structures contain a basement, and maintain a record of all such information.

(4)

All new construction and substantial improvements within Zones V and VE shall be located landward of the reach of mean high tide.

(5)

The use of fill for structural support of buildings is prohibited within all V and VE Zones.

(6)

The man-made alteration of sand dunes and mangrove stands is prohibited within all V and VE Zones.

(7)

All manufactured homes that are placed or substantially improved upon within Zones A and AE on sites: a) outside of a manufactured home park or subdivision, b) in a new manufactured home park or subdivision, c) in an expansion to an existing manufactured home park or subdivision, or d) in an existing manufactured home park or subdivision in which a manufactured home has incurred substantial damage as the result of a flood, shall meet the standards of paragraphs 6.b)(1) through (6) of this section.

(8)

All manufactured homes to be placed or substantially improved upon in an existing manufactured home park or subdivision within Zones V and VE that are not subject to the provisions of paragraph 6.b)(7) shall meet the standards of paragraph 6.a)(7).

Recreational vehicles.

All recreational vehicles placed on sites within Special Flood Hazard Areas shall meet one (1) of the following requirements:

Be on the site for fewer than one hundred eighty (180) consecutive days,

Be fully licensed and ready for highway use,

Meet the elevation and anchoring requirements for manufactured homes in paragraph 4.d).

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions

Additional conditions.

For the following uses, additional reasonable conditions dealing solely with flood protection measures may be imposed by the Building Official. Likewise, the Zoning Board of Review may impose similar restrictions as additional conditions in the issuance of a Special Use Permit for the following uses:

	RESIDENTIAL USES
	a)	Apartment House
	b)	Hotel, Motel, Motor Court, Tourist Home, Rooming House
	c)	Manufactured Home Park or Subdivision
	d)	Recreation Buildings & Structures (for private use)
	e)	Private Garage
	f)	Buildings for Customary Home Occupations
	g)	Other Accessory Buildings
	PUBLIC, SEMI-PUBLIC AND INSTITUTIONAL USES
	a)	Hospitals (other than animals), Sanitaria & Nursing Homes
	b)	School (offering standard courses)
	c)	Nursery School, Kindergarten
	d)	Public Utilities
	e)	Public Water Facilities
	AGRICULTURAL USES
	a)	Accessory Buildings
	COMMERCIAL AND INDUSTRIAL USES
	a)	Banks
	b)	Golf Courses, Country Club, Marina
	c)	Auction Barns
	d)	Open Air Display Lots, Commercial Parking Lots
	e)	Storage Warehouses
	f)	Lumber, Fuel and Ice Establishments
	g)	Research Facilities
	h)	Light Industry
	i)	Light Manufacturing
	j)	Industrial Establishments
	k)	Other Industrial Establishments
	l)	Gravel Pits, Earth Removal

No person shall change from business/commercial to residential use of any structure or property located in the floodway of a Special Flood Hazard Area so as to result in a use or expansion that could increase the risk to the occupants.

Storage of bulk materials. No material shall be stored in Special Flood Hazard Areas or in the flood fringe area which is likely to cause an obstruction, create a fire hazard or pollute the water during flood periods. Such materials include but are not limited to substantial quantities of lumber and other floatable materials, volatile materials, acids, poisons, liquids other than water and soluble materials.

10.

Disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable but does not imply total flood protection.

11.

Severability. If any section, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall not be affected.

12.

Variance procedures. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The Building Official shall notify the applicant, in writing, that (1) the issuance of a variance to construct a structure below the base flood level will result in increase premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage; and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions, including justification of their issuance. All such variances issued shall be reported in the Town's Annual Report to the Federal Insurance Administrator.

13.

Definitions. Words and phrases defined herein pertain to flood plain management and are for the purposes of Article III, Section F of this ordinance only.

ACCESSORY STRUCTURE

A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

BASE FLOOD ELEVATION (BFE)

The elevation of the crest of the base flood or one hundred (100)-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

BASE FLOOD

The flood having a one-percent (1%) chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).

BASEMENT

Any area of a building having its floor subgrade (below ground level) on all sides.

BUILDING

See definition for "Structure".

BUILDING HEIGHT

[Added 2-25-2019 by Ord. No. 2019-02-25]

For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), building height shall be measured from base flood elevation (BFE), and where freeboard, as defined in this section, being utilized or proposed, such freeboard area, not to exceed five feet (5'), shall be excluded from the building height calculation; provided, however that the Rhode Island Coastal Resources Management Council (CRMC) design elevation maps may be used by an owner or applicant to establish a base flood elevation for a property that is higher than the official FEMA FIRMs.

For building sites in special flood hazard areas where the base flood elevation (BFE) is higher than the average existing grade, the maximum height for buildings and structures shall be in accordance with the general intensity regulation tables at Article IV, Section B and Article VIII, Section D6.a) of this chapter minus the difference between the base flood elevation (BFE), however established, and the average existing grade. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. The distance shall exclude spires, chimneys, flag poles, and the like.

COASTAL A ZONE

Area within a special flood hazard area, landward of a V Zone or landward of an open coast without mapped V Zones. The principal source of flooding must be astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave heights shall be greater than or equal to one point five feet (1.5').

COASTAL HIGH HAZARD AREA

The area subject to velocity hazard (wave action) designated on a FIRM as Zone V or VE.

COST

As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to: the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include: cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION

A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency that administers the National Flood Insurance Program (NFIP).

FLOOD FRINGE LANDS

The continuous land area adjacent to and higher than Special Flood Hazard Areas, the elevation of which is no greater than one foot (1') above the adjacent base flood elevation, and for purposes of the flood provisions within this Zoning Ordinance shall be subject only to provisions dealing with storage of bulk materials in flood fringe lands.

FLOOD INSURANCE RATE MAP (FIRM)

The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas [one hundred (100)-year floodplain] and the insurance risk premium zones applicable to a community.

FLOOD INSURANCE STUDY (FIS)

The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD PLAIN

The continuous area bounding a water body or water course, the elevation of which is equal to or lower than the base flood elevation; also, any isolated land of higher elevation with a total area less than the district's minimum residential lot size.

FLOOD PROOFING

Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE OR FACILITY

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities.

HIGHEST ADJACENT GRADE (HAG)

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.

LIMIT OF MODERATE WAVE ACTION (LIMWA)

An advisory line indicating the limit of the one point five-foot (1.5') wave height during the base flood.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement) but excluding any unfinished or flood resistant enclosure that is usable solely for parking of vehicles, building access or limited storage in an area other than a basement, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MANUFACTURED HOME

A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for one hundred and eighty (180) consecutive days or longer and intended to be improved property.

MARKET VALUE

Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's Actual Cash Value.

NEW CONSTRUCTION

Structures for which the "Start of Construction" (see below) commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION

A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

RECREATIONAL VEHICLE

A vehicle which is: (a) built on a single chassis; (b) four hundred square feet (400 ft.²) or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY

See definition for "Floodway".

SPECIAL FLOOD HAZARD AREA (SFHA)

The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

START OF CONSTRUCTION

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within one hundred and eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

	For insurance purposes, means:
	1.	A building with two (2) or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;
	2.	A manufactured home ("a manufactured home," also known as a mobile home, is a structure; built on permanent chassis, transported to its site in one (1) or more sections, and affixed to a permanent foundation); or
	3.	A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.
	For the latter purpose, "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either, a) before the improvement or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either 1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or 2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

VARIANCE

A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

VIOLATION

Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

Section G Traffic Sensitive Overlay District.

Traffic Sensitive Districts are established for the following purposes:

To facilitate the movement of traffic along major roads in Portsmouth in a safe and orderly manner;

To reduce the number of and increase the spacing of driveways which may disrupt traffic flow;

To reduce infringement on the rights of the public to travel roadways in a safe manner, while at the same time providing for adequate access and egress to properties; and

To protect the public safety along major thoroughfares in the Town where accidents have frequently occurred.

All driveways opening onto streets listed in Subparagraph 5 of this Section shall have suitable turnaround space so that automobiles do not back out into said streets.

On any lot with frontage on the streets listed in Subparagraph 5 of this Section the following shall apply:

Only one (1) driveway or curb opening onto streets listed in Subparagraph 5 of this Section shall be created to serve the original lot; or

Future subdivision or lots created from the original lot shall be served by a single common driveway or curb opening onto the streets listed in Subparagraph 5 of this Section; or

A public street or street system approved by the Planning Board under the provisions of the Rules and Regulations Regarding the Subdivision of Land[1] shall be created to serve all subsequent lots created from the original lot.

[1]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

Common driveways, rights-of-way or other common means of access to adjacent streets listed in Subparagraph 5 of this Section shall be reviewed and approved by the Planning Board or Zoning Board of Review before any building permit shall be issued for lots created from the original lot.

This Section shall be applicable only to lots having frontage on the following streets:

East Main Road (Route 138).

West Main Road (Route 114).

Bristol Ferry Road (Route 114).

Turnpike Avenue.

Union Street.

Middle Road.

Sandy Point Avenue.

[Added 6-5-1995[2]]

[2]

Note: This amendment exempts Plat 66, Lot 4 as presently constituted.

Wapping Road.

[Added 6-5-1995[3]]

[3]

Note: This amendment exempts Plat 66, Lot 4 as presently constituted.

Glen Road.

[Added 6-5-1995[4]]

[4]

Note: This amendment exempts Plat 66, Lot 4 as presently constituted.

Boyd's Lane.

[Added 6-5-1995[5]]

[5]

Note: This amendment exempts Plat 66, Lot 4 as presently constituted.

Braman's Lane.

[Added 6-5-1995[6]]

[6]

Note: This amendment exempts Plat 66, Lot 4 as presently constituted.

Stringham Road.

[Added 3-15-2010]

Burma Road.[7]

[Added 3-15-2010]

Plat 66, Lot 4 as presently constituted is exempt (see footnotes).

[7]

Note: Also known as "Defense Highway."

Section H Watershed Protection District.

[Added 11-17-1997]

Purpose. The provisions herein governing the development and use of land in the Watershed Protection District, as defined in Subsection H.3. below, shall be minimum provisions, and shall be superimposed on the underlying zoning districts or parts of districts, and impose specified requirements in addition to, but not less than, those otherwise applicable for the underlying district, and shall consider any watershed protection management programs in neighboring areas. These provisions are established for the following purposes:

To protect, preserve and maintain the quality and quantity of drinking water supplies which are of substantial value as a public drinking water supply upon which the residents of the Town of Portsmouth and others depend by regulating the use and development of land adjoining water courses and/or primary water recharge areas;

To regulate or prevent uses of land within the Watershed Protection District having the potential to adversely affect the quality or quantity of the drinking water of the Town;

To locate all construction, land disturbance and drainage facilities at a maximum possible distance from drinking water reservoirs and their tributaries.

The Portsmouth Comprehensive Plan requires protective measures to ensure that our drinking water is plentiful and of the highest quality.

To protect the health, safety and general welfare of the public.

It is intended that this section be interpreted in view of the paramount public interest involved in the protection of critical drinking water supplies.

Other regulations to apply. Except for the provisions of this section as they apply to the Watershed Protection District and in which such land is located, all other provisions of this Ordinance shall continue in full force and effect. Where there is a conflict between these provisions and those of the Portsmouth Land Development and Subdivision Regulations,[1] these provisions shall prevail.

[1]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

Designation of Watershed Protection District. The Watershed Protection District is that land area, the surface water and ground water from which have a direct or indirect effect on the quality of water in the primary water bodies of the watershed. The Watershed Protection District is defined as approximately that area bounded by Mill Lane on the north, thence proceeding south on Middle Road to its terminus on Union Street, thence proceeding east to East Main Road, thence proceeding south on East Main Road to the Middletown Town Line, thence proceeding west along the Town line to Jepson Lane, thence proceeding north along Jepson Lane to its terminus at Union Street, thence proceeding west on Union Street to its terminus at West Main Road, thence proceeding north to its intersection of Mill Lane.

Map III-1, which is derived from the "Water Quality Protection Plan for the City of Newport, December 1989", shall be used for determining inclusion in or exclusion from the Watershed Protection District, and shall supersede the written description above. The Zoning Officer shall determine from Map III-1 and on-site surface topography the location of a parcel or portion thereof in the Watershed Protection District.

Where the bounds of the Watershed Protection District are in doubt or in dispute, the burden of proof shall be upon the owners of the land in question to show where such bounds should properly be located. At the request of the landowner(s), the Town may engage a professional surveyor, hydrologist or soil scientist to determine more accurately the location and extent of the Watershed area and may charge the owner(s) for all or part of the cost of the investigation.

Designation of hydrological zones within the Watershed Protection District. The Watershed Protection District is composed of two subzones with differing permitted uses and other regulations, as approximated on Map III-2 herein. The reservoir/adjacent recharge zone "A" Zone, and an upland drainage area or "UD" Zone.

"A" Zone. The area close to the surface reservoir which is critical to the protection of surface and subsurface water supplies, and requires a high degree of protection from incompatible land uses.

(1)

Within five hundred feet (500') from the edge of Lawton Valley Reservoir, St. Mary's Pond or Sisson Pond as determined by the methodology specified in the R.I. Freshwater Wetlands Act, and as certified by a professional engineer; and

(2)

Areas of Stissing silt loam and Mansfield mucky silt loam (U.S. Soil Natural Resource Conservation Service "Se and Ma" soil types), as designated on the Soil Survey of Rhode Island 1981, as amended, the maps and definitions of which are hereby incorporated by reference to this Ordinance, as designated on the Watershed Protection District Map III-2, the locations of which may be confirmed by a soil scientist at the applicant's expense; and/or

(3)

All streams, wetlands and their buffers that are determined by RIDEM application procedures to be tributaries to a drinking water reservoir, as defined in Subparagraph 4.c) below. Notwithstanding Subparagraph (2) above, wetland delineation, as defined by RIDEM regulations, shall be used to determine the exact bounds of the "A" zone within a parcel beyond the area designated in Subparagraph (1) above.

"UD" Zone. The watershed area designated which is contributory to surface water runoff to the primary water bodies either through surface water runoff or groundwater movement that is not in the "A" Zone.

The word "reservoir" shall be defined as Lawton Valley Reservoir, St. Mary's Pond, Sisson Pond, and Bailey's Brook.

Notwithstanding the provisions of Article III, Section D.1, where a lot is partially in the Watershed Protection District, that portion in the Watershed Protection District shall adhere to all requirements of this Section. Where a lot is partially in Zone "A" of the Watershed Protection District and partially in Zone "UD", the requirements of each zone shall be applied to that portion in the respective districts.

Permitted uses in Zone "A". The following are the only uses permitted in Zone A, regardless of uses allowed in the underlying zoning district. (There shall not be a listing of permitted uses in this district in the Use Tables in Article V.):

Conservation and management of soil, water, natural and wooded open areas and wildlife.

Public water lines and related facilities.

Public or private parks.

Single family houses and uses and improvements customarily accessory thereto.

Agriculture and outdoor recreation areas not including structures or impermeable surfaces, provided there are vegetated buffers around the primary impoundments that comprise the reservoirs.

Historic Monuments.

Prohibited uses in Zone "UD". Any use permitted in the underlying zoning district by right or by special exception is permitted as such, except for the following, which are expressly prohibited. (There shall not be a listing of permitted uses in this district in the Use Tables in Article V.)

Outdoor storage of junk or salvage materials.

Outdoor or underground storage of flammable, explosive or hazardous material as defined by RIDEM regulations, including petroleum, except as provided in Subparagraph 6.i) below.

Sewage treatment plant.

Incinerator.

Sanitary landfill.

Solid waste transfer station.

Vehicle washing establishment.

Uses which discharge wastewater other than surface water into other than an approved sewage disposal system.

Accessory uses to any principal use which involves any of the following practices:

(1)

Storage or disposal of hazardous waste (including petroleum) as defined by Rules and Regulations for Hazardous Waste RIDEM 7/18/84, as amended;

(2)

Placement of an ISDS within two hundred feet (200') of the surface water of a reservoir;

(3)

Any underground storage of liquid fuel.

(4)

Any above ground storage of liquid fuel in excess of three hundred (300) gallons for any residential use, except uses by public utilities subject to the provisions of RIDEM Oil Pollution Control Regulations. Above ground storage of liquid fuel in excess of three hundred (300) gallons for non-residential uses may be permitted provided that said storage is placed at a maximum feasible distance from the reservoirs and their tributaries, and that construction, containment and maintenance be in accordance with RIDEM Oil Pollution Control Regulations.

Prohibited uses in Watershed Protection District. The following uses are designated as a "Severe Threat to Water Quality" and are expressly prohibited from the Watershed Protection District:

Any use that would generate a wastewater discharge other than domestic sewage, including but not limited to:

Photo processors.

Furniture strippers.

Laboratories.

Dry cleaners.

Laundromats.

Any use, storage or processing of a hazardous material, including but not limited to:

Gas stations.

Landfills.

Oil distributors.

Printers.

Fertilizer, pesticide, or herbicide warehouse or storage, except storage conducted in accordance with the R.I. Pesticide Control Act, if applicable, or as permitted and regulated under the R.I. Pesticide Control Act or the R.I. Right to Farm Act.

(6)

Auto body and auto repair shops.

A pre-existing nonconforming use or accessory use or a use previously permitted by Special Use Permit may be expanded by Special Use Permit if both the planned expansion and the prior use or accessory use meet the applicable State regulations on storage and use of hazardous materials, and both prior and planned storage of hazardous materials are not within three hundred feet (300') from the surface water of a reservoir or two hundred feet (200') from a tributary thereto, and an adequate enclosed containment system is provided.

Land use classification for uses not listed in Subsections 5, 6 or 7.

Because this ordinance cannot anticipate every type of proposed use, other land uses within the Watershed Protection District are categorized by potential effects on water quality. For each of these proposed uses, the Zoning Board of Review shall determine the appropriate use classification. The Zoning Board of Review may require a set of mandatory protective measures (conditions) as part of any building or development permit according to the Use Classifications set forth below.

The following categories, ranging from least to the most severe threat to water quality, apply:

Class 1 — No Risk

Including but not limited to: Open space, passive recreation.

Class 2 — Slight Risk

This category provides a substantial economic use to a landowner without posing a major risk to drinking supplies.

Including but not limited to: Crops utilizing minimal amounts of fertilizers and pesticides including permanent pasture, hay crops and turf, low density residential [two (2) or more gross acres per dwelling unit], utility lines, and developed recreation.

Class 3 — Moderate Risk

These uses require regulatory oversight and strict adherence to applicable mitigative measures to prevent contamination problems. Agricultural activities require application of an approved conservation plan and best management practices.

Including but not limited to: Agricultural production including livestock, nurseries and orchards, corn, fruit and vegetables, medium density residential [one-quarter (1/4) to two (2) gross acres per dwelling unit], and commercial uses provided that total impervious surface is less than or equal to twenty-five percent (25%) of total lot area.

Class 4 — Higher Risk

Threat of spills, leaks, or unauthorized discharge of domestic wastewater or hazardous materials from these land uses. Permitted with caution and with substantial mitigative measures.

Including but not limited to: Institutional, high density residential [less than one-quarter (1/4) gross acre per dwelling unit], sand and gravel mining, appliance repair, commercial uses provided that no dimensional variance for total lot coverage per the provisions of Article VII., Section G. shall be permitted. Light industrial uses which do not require discharge of other than domestic wastewater, provided that no dimensional variance for lot coverage per the provisions of Article IV., Section B. shall be permitted. Uses which generate considerable wastewater and/or may utilize toxic or hazardous substances including, schools, hospitals, medical offices and nursing homes, motels/hotels, and car washes.

Class 5 — Severe Threat to Water Quality

Uses which employ hazardous chemicals including but not limited to photo processors, furniture strippers, laboratories, printers, dry cleaners and laundromats, gas stations, oil distributors, auto body, underground fuel storage tanks, toxic chemical storage, except as provided under Subparagraphs 6.i) and 7.c) above, and commercial uses with impervious surface in excess of seventy percent (70%) of a lot are not permitted in the watershed protection area.

Mandatory development restrictions.

Stormwater drainage.

For any subdivision adding or extending a street, discharge (including discharge via a stormwater basin) of stormwater into streams and wetlands that are determined by RIDEM application procedures to be tributaries to a drinking water reservoir, as defined in Subparagraph 4.c) herein, will not be permitted unless the applicant can provide adequate scientific and technical documentation and engineering plans which prove, to the satisfaction of the Town, that specific pollution controls and/or other mitigation measures and BMPs will completely eliminate any measurable impact to water quality. Said plans and documentation will become conditions of approval. The burden of proof rests on the applicant.

(1)

Unless specified herein, all drainage facilities shall be designed and installed in accordance with Article X. of the Portsmouth Land Development and Subdivision Regulations.[2]

[2]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

(2)

Calculations shall include estimated runoff from rooftops and driveways.

(3)

A maintenance plan for each stormwater basin shall be filed.

(4)

To the maximum extent practicable, stormwater shall be diverted to one (1) or more grass swales and other natural upland treatment facilities, rather than detention ponds located at the bottom of a hill. To the maximum extent practicable, stormwater shall be retained and allowed to infiltrate the soil on-site, rather than be discharged from the site.

(5)

Storm water from the entire site shall be designed to remove eighty percent (80%) of total suspended solids. Storm water basins shall be designed in accordance with the RI Stormwater Design and Installation Standards Manual, and shall comply with Article X. of the Portsmouth Land Development and Subdivision Regulations.[3]

[3]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

(6)

A maintenance guarantee, as provided in Article X. of the Portsmouth Land Development and Subdivision Regulations,[4] shall be provided.

[4]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

Septic systems regulations.

(1)

Septic systems, including all leaching fields and other parts of a septic system, shall not be allowed within two hundred feet (200') of any water body or any stream or wetland that is determined by RIDEM application procedures to be tributary to a drinking water reservoir.

(2)

A reserve area for replacement systems is mandatory in the watershed district. Said reserve area shall be subject to the same requirements as the main septic system. (Dual alternating leach fields, where the idle one is allowed to clean itself out over time, are encouraged.)

(3)

Innovative/Alternative technology septic systems, as approved by RIDEM, which have been shown to greatly reduce nitrogen, pathogens, BOD and TSS, shall be used in all new construction within the "A" Zone. Such systems must have pressurized distribution to leach fields.

(4)

All septic tanks installed after the effective date of this ordinance shall be certified watertight in accordance with ASTM standards, and guaranteed as such by the manufacturer.

(5)

Galley systems are prohibited.

Sub-Drains on Lots: Installation of conduits such as tile, pipe, or tubing beneath the ground surface on a lot to divert ground water, to intercept or prevent water movement into a wet area, to relieve artesian pressure, to remove surface runoff, to serve as an outlet for other drains, or to replace natural subsurface drainage patterns that are interrupted or discontinued due to construction operations are prohibited if the individual and/or collective purpose is to obtain a septic system. Sub-drains are permitted in accordance with Article X. of the Portsmouth Land Development and Subdivision Regulations[5] for other purposes, provided they are located at least twenty feet (20') from any portion of the septic system.

(1)

Location and placement of developed areas. All development shall be situated as far from the reservoirs, tributaries, wetlands as reasonably possible. The Town shall consider soils and topography in making such decisions.

(2)

At least fifty percent (50%) of each parcel within three hundred feet (300') of the surface water of a reservoir shall remain undisturbed.

[5]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

10.

Mandatory site design standards.

Environmentally sensitive site design standards (best management practices) are required for all permitted uses, whether by special use permit or otherwise, in the Watershed Protection District. These standards are developed to optimize water quality, as opposed to technical "make do" compliance.

The following measures shall be required, as applicable and feasible, in the best interests of protecting water quality:

Vegetated buffers must be maintained or planted around all critical environmental areas, including reservoirs, and their tributaries. Vegetated buffers ninety-five feet (95') in width shall be composed of the following:

(1)

A strip of land fifteen feet (15') wide starting at the edge of the pond or stream bank, which shall be comprised of mature trees and shrubs that are to remain undisturbed. Outflow from subsurface drains must not be allowed to enter or pass through this area.

(2)

Next to the fifteen foot (15') strip, a strip of land at least sixty feet (60') wide, which shall be comprised of trees and shrubs that may be managed as necessary. Outflow from subsurface drains must not be allowed to enter or pass through this area.

(3)

Thence a strip of land at least twenty feet (20') wide, which shall be comprised of the devices designed to convert concentrated overland or piped flow to uniform shallow sheet flow.

(4)

Specifications for these buffers shall be according to a publication entitled "Riparian Forest Buffers", U.S. Department of Agriculture. 1991. Trees and shrubs employed shall be selected based on a publication entitled "Sustainable Trees and Shrubs for Southern New England", University of Rhode Island, 1995.

Surface water runoff shall be directed toward areas covered with vegetation for surface infiltration.

Surface water runoff shall be directed toward the lesser restricted district where the property is located within two (2) or more districts, as feasible.

Parking lot controls, including pervious surfaces and drainage facilities shall be employed.

Buildings and impervious surfaces shall be set back at least one hundred fifty feet (150') from the inland edge of the reservoirs and their tributaries.

Minimize tree removal: Applicant must demonstrate why each area must be cleared. Priority shall be given to maintaining established trees. Existing natural buffers, as in 10.a) above, shall be maintained.

All grading, filling, excavation, tilling, or chemical use shall be set back at least one hundred feet (100') (or RIDEM regulations, whichever is greater, or per the R.I. Right to Farm Act if applicable) from the inland edge of the reservoirs and their tributaries.

Areas to be disturbed within three hundred feet (300') of any water body or wetland shall be clearly marked on approved plans. On site, prior to any construction activity, the areas to be disturbed shall be clearly delineated with stakes and ropes, or other appropriate material, and the downhill border of said area lined with staked hay bales in accordance with the Portsmouth Soil Erosion and Sedimentation Ordinance.[6]

[6]

Editor's Note: See Ch. 320, Soil Erosion and Sediment Control.

11.

Design principles. The following design principles shall be employed for all developments in the Watershed Protection District:

Addressing Development Constraints with Respect to Site Features.

(1)

Avoid slopes greater than fifteen percent (15%).

(2)

Minimize impacts to groundwater.

(3)

Recognize soil limitations.

(4)

Avoid wetlands.

'Sustainable Development' Principles.

(1)

Design with topography and natural features.

(2)

Creative preservation of open space.

(3)

Compatibility with surrounding land uses.

Employing 'Mesi-scaping' Principles.

(1)

Plant or preserve native vegetation to minimize need for irrigation and use of chemical additives.

Use of vegetative buffers.

(1)

Create or restore vegetative buffers for non-point source pollution control and wildlife habitat.

(2)

Link with existing buffer areas to protect stream and river corridors.

Orienting layout to minimize pollutant loading.

(1)

Minimize roadways; locate roads to reduce de-icing requirements.

(2)

Consider alternative ISDS/treatment systems, as approved by RIDEM.

12.

Development plan review.

All proposed construction and development in the watershed, with the exception of individual single family houses and accessory uses, shall be referred to the Planning Board and shall undergo formal development plan review, per the above standards, and per the provisions of Article XI. Development Plan Review herein. Development of a single family house on a pre-existing lot shall be referred the Zoning Officer.

Environmental review assessment.

(1)

A development requiring the construction of a street;

(2)

A development requiring a storm water treatment pond; or

(3)

A nonresidential development.

The Environmental Review Assessment shall contain appropriate supporting data on stormwater runoff and pollutant loading, setting forth the probable impact or effect of the proposed development on the water supply of the Town. In compiling such statement, the applicant shall consult with regional agencies having knowledge and authority in water quality protection, including but not limited to the Newport Water Department and the R.I. Dept. of Environmental Management, both of which shall receive notice of proposed development per the requirements of Article XIII Section C.2)b). The Environmental Review Assessment shall cover at least the subject areas listed herein for evaluation and conformance with pertinent local, state and federal performance standards.

The Environmental Review Assessment shall also contain a description of the existing environmental setting to include all manmade, natural and physiographic features within five hundred feet (500') of the property line including but not limited to wetlands or water bodies, topographic contours, vegetation and existing development.

Construction of one (1) single family house on a lot conforming to the minimum lot size and other provisions herein shall not be required to submit an Environmental Review Assessment.

Section I Water Resource Protection District, WRPD.

[Added 8-26-2002]

Purpose. The purpose of this district is to ensure that new construction does not result in an undue burden on the resources of public water systems within the district by ensuring that all new construction not approved for connection to the public water system has an independent supply of potable water. The water resource protection district is an overlay district which imposes specified requirements in addition to those otherwise applicable for the underlying zone.

Uses. Any uses permitted by right or special use permit in the underlying zone are likewise permitted as such in the WRPD.

Intensity regulations. Land space regulations, density and intensity regulations shall be the same as are applicable in the underlying district.

Special regulations. No building permit shall be issued for the establishment of a new dwelling unit, either by new construction or conversion of an existing structure unless the applicant produces:

Proof of water availability by connection to the public water system, or

A certificate attesting that an individual water source (such as a drilled well, driven well, dug well, desalinization facility, etc.) has been established on the property, which is capable of providing potable water in the amounts and pressures required by the RI State Building Code. Such water source shall be established and tested to the satisfaction of the Building Official and compliance with all federal, state and local regulations shall be met prior to issuance of the building permit.

Designation of district. The WRPD shall consist of all land on Portsmouth Tax Assessor's Maps 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86 and 87.

Section J Multi-family Incentive District.

[Added 6-26-2007]

Purpose. The purpose of this district is to encourage the development of affordable and low- and-moderate income housing, as defined in Article II., in which density of development may exceed that of conventional multi-family development. This is an overlay district which imposes specified requirements and development bonuses as an alternative to those otherwise applicable for the underlying zone.

Uses. Multifamily Housing in which at least twenty-five percent (25%) of the units are "Low or moderate income housing", as defined in Article II. Other uses permitted in the underlying zones are contained in Article V.

Intensity and development regulations. For Multifamily Housing are contained in Article XIX, Section F. Other uses permitted in the underlying zones shall adhere to regulations for those types of uses as stipulated elsewhere in this ordinance.

Designation of district. The Multifamily Incentive District shall consist of all land as shown in the map, attached hereto, entitled "Incentive Zone for Residential Multi-Family Development". It consists of all parcels in Town except those in Heavy and Light Industry zones and the Watershed Protection Overlay District.

Section K Redevelopment District.

[Added 3-15-2010]

Purpose. The purpose of this district is to ensure that development that takes place in the Redevelopment District according to the goals set out in the West Side Element of the Comprehensive Plan.

The Redevelopment District is hereby defined as Map 43 Lot 1L, now or formerly known as Navy Tank Farms 1 and 2, and any subdivisions thereof.

Permitted uses.

Uses in the Redevelopment District are limited to the following categories of Planned Unit Developments, which are further defined in Article VIII:

(1)

Planned Corporate Development.

(2)

Planned Marine Trade Development.

(3)

Planned Retail/Service Development.

(i)

A Planned Retail/Service Development within the Redevelopment District may include multi-family housing per the provisions of Article VIII., provided that at least ten percent (10%) of said units are "Low and Moderate Income", as defined in Article II.

(ii)

Density of such multi-family housing shall be per the provisions of Article XIX., which provides a density bonus that shall be counted as a municipal subsidy for low-moderate income housing.

(4)

Any combination thereof.

Intensity regulations. Land space regulations, density and intensity regulations shall be the same as are applicable for the type of Planned Unit Development proposed.

Procedures. Procedures to be followed for the consideration of Planned Unit Development proposals are contained in Article VIII. Section D. herein (Land Development Projects).

Other regulations to apply. Except for the provisions of this section as they apply to the Redevelopment District and in which such land is located, all other provisions of this Ordinance shall continue in full force and effect. Where there is a conflict between these provisions and those of the Portsmouth Land Development and Subdivision Regulations,[1] these provisions shall prevail.

[1]

Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.