Unless otherwise noted, parking requirements apply to all developments regardless of size or type. Requirements for parking lots greater than one hundred (>100) spaces are so noted.
[Amended 9-9-1997]
1. 
Definitions.
Capacity
The capacity of a facility or space as calculated by the applicable building code.
Employee
The regular working staff (paid, volunteer or otherwise) at maximum strength and in full-time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.
Gross Floor Area
The term "gross floor area" (GFA) as used in this document shall mean the total floor area, including the exterior building walls, of all floors of a building or structure. GFA shall include all occupyable areas minus the following deductions:
a) 
Vehicular parking and loading areas within the structure.
b) 
Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical, electrical, communications and security equipment or apparatus.
GROSS LEASABLE AREA
The term "gross leasable area" (GLA) as used in this document shall mean the gross floor area minus the following floor area deductions:
a) 
Elevator shafts and stairways.
b) 
Public restrooms.
c) 
Public lobbies, common mall area, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes.
d) 
Permanently designated corridors (i.e., not subject to relocation by the requirements of a specific lease).
2. 
General.
a) 
No land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are provided as specified in this section. For the purpose of this section, an enlargement of any building by thirty percent (30%) or more shall require the provision of off-street parking for the existing building as if it were newly constructed. Whenever any building, improvement or use of land may be changed to a new use, whether conforming or nonconforming, the provision for parking and loading spaces shall be as required for the new use so approved.
b) 
Where the computation of required parking spaces results in a fractional number, fractions of one-half (1/2) or more shall be counted as one (1).
c) 
Required off-street parking facilities shall be provided on the same lot as the principal use they are designed to serve or as provided in paragraph 6. Satellite Parking, herein.
d) 
Each required car space shall be not less than ten feet (10') in width and twenty feet (20') in length exclusive of drives and maneuvering space. Where more than five (5) spaces are required, they shall be paved, except as may be required by environmental regulatory agencies.
e) 
Handicapped parking spaces accessible to disabled persons shall be provided as may be applicable under the Americans With Disabilities Act and any federal regulations promulgated thereunder.
f) 
All off-street parking and loading facilities shall be suitably sloped and drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys, so as not to cause any nuisance to adjacent or public property. In no case shall an off-street parking area exceed five percent (5%) in slope. The design of all parking lot drainage shall conform to the drainage requirements herein, and utilize the Town of Portsmouth Subdivision Design Standards and the Rhode Island Stormwater Design and Installation Standards Manual, as applicable.
[Amended 2-4-2008]
g) 
All off-street parking and loading facilities shall maintain distances from buildings, fire hydrants, post indicator valves and emergency access ways as required by the applicable Fire Code.
h) 
Where one (1) building is used for more than one (1) use, parking requirements shall be computed for each use, except as provided in the parking requirements table below or under Satellite Parking or Shared Parking below. Where space within a building is shared, the more stringent requirements shall apply.
i) 
No motor vehicle repair work or service of any kind shall be permitted in conjunction with parking or loading facilities provided in commercial districts, except emergency repair service necessary to start vehicles.
j) 
No existing parking facility which is a part of any building, improvement or use of land, whether on the same lot as the principal use or on a separate lot, shall be reduced in size below the number of spaces required for such principal use, and for any and all accessory uses. This section shall not be construed to mean that parking facilities may not be reconfigured.
k) 
Any parking area and loading space as defined in this Ordinance shall be continually maintained in satisfactory condition so as to be safe and attractive and free of hazard, nuisance or other unsafe condition.
l) 
Overnight parking of RV's, mobile homes and other vehicles providing transient residency is prohibited.
[Added 2-4-2008]
3. 
Minimum parking requirements.
a) 
Minimum parking requirements table.
USE
REQUIRED SPACES
OTHER REQUIREMENTS
RESIDENTIAL USES
Single Family
2/unit
Mobile home parks
2/unit
Multi-family Residential
Studio and 1 bedroom
1/unit
plus 1 guest/5 units
Two bedrooms
1.75/unit
plus 2 guest/5 units
Three or more bedrooms
2/unit
plus 3 guest/5 units
Senior citizen apartments
Senior - efficiency
1/unit
plus 1 guest/5 units
Senior - 1 bedroom
1/unit
plus 1 guest/5 units
Senior - 2 bedroom
1.5/unit
plus 2 guest/5 units
Senior - 3 bedroom
2/unit
plus 3 guest/5 units
Assisted Living/Congregate Care
1/10 regular beds, 1/5 special care
plus 1/250 gla office, medical, other, + 5 for kitchen & maintenance
TEMPORARY RESIDENTIAL OCCUPANCY USES
Hotels/motels/inns
1/unit
plus 50% of requirements for related uses, + 2 for manager's unit.
Sanitariums/nursing homes
1/5 beds
or State requirement
Rooming and lodging houses
2 + 1/rental unit
Group Home
1/3 beds
may be less if residents unable to drive
RETAIL, OFFICE AND SERVICES
Shopping Center
4/1,000 sf of gla under 400,000 gla
See also offices and restaurants
Grocery Store
6 + 5/1,000 gla
General Retail
4/1,000 gla
Offices, general:
gla up to 7,500 sf
4/1,000 gla
7,501 to 40,000 sf
3.3/1,000 gla
40,001 sf and greater
3/1,000 gla
Office in Shopping Center:
10% or less of center gla
no added space beyond that for general retail
over 10% of gla
for that portion over 10%, add as required beyond general retail by type of office use
Office, medical/dental
4/1,000 gla
plus 1/100 sf waiting room
Office in residence
Determined at project review
Services
Bank, S&L, Credit Union
5/1,000 gla
ATM
2/machine
Unspecified Services
4/1,000 gla
EATING/DRINKING ESTABLISHMENTS
Restaurants, cafes, bars
13/1,000 gla
Restaurant - Fast Food
17/1,000 gla
Restaurant in Shopping Center of 25,000 to 100,000 gla
10/1,000 gla
Restaurant in Shopping Center of 100,000 to 200,000 gla
6/1,000 gla
AUTOMOBILE RELATED
Gas Station*, Vehicle Repair*
1/pump + 3/service bay
plus 1/250 sf of gla office and sales
Carwash
2/drying bay
plus stacking area**
* A service bay or pump is not a parking stall
** Stacking area is not parking.
A washing space is not a parking or stacking space.
RECREATION
Health clubs
1/200 sf of gla
plus 50% of required for incidental uses
Amusement Center
5/1,000 gla
plus 50% of required for incidental uses
Night Club
20/1,000 gla
Golf Driving range
3, plus 1/tee
plus 50% of required for incidental uses
Golf course
4/green
plus 50% of required for incidental uses
Miniature golf course
1.25/hole
plus 50% of required for incidental uses
Tennis/racquetball
2/court
plus 50% of required for incidental uses
OUTDOOR, PARTLY OUTDOOR USES
Retail nursery/garden shop
1/1,000 sf indoor + 1/2,000 sf outdoor or greenhouse sales
Produce stand
6/1,000 gla
Lumber yard
2/1,000 SF lot area
Parking for major machinery may not fill required spaces.
Marina
1/2 slips
if a launch ramp is provided, 20% of all spaces shall be 35 feet or longer to accommodate boat trailers.
Retail outdoor other
1.5/1,000 sf lot used for display
SCHOOLS
Business, professional, trade schools
1/1.5 students
Art, dance, music studio
1/2 students at maximum capacity
Nursery/day care/pre-school
required staff + 1/10 capacity
number of staff as regulated by State
INSTITUTIONAL USES AND PLACES OF ASSEMBLY
Church, synagogue*
1/4 seats capacity
Club, lodge
1/4 capacity
Other places of assembly
1/4 capacity
* Parking spaces for public religious assembly may also be double counted for affiliated office, school and related activities.
INDUSTRIAL AND STORAGE USES
Self-service storage
3/100 units
no added spaces for sales area related to storage.
Warehouse
0.75/1,000 gla
Research and Development
2/1,000 gla
Manufacturing
1 - 3,000 sf
4/1,000 sf of gla
3,001 - 5,000 sf
2/1,000 sf of gla
5,001 - 10,000 sf
1.3/1,000 sf of gla
10,001 - 50,000 sf
1/1,000 sf of gla
50,001 + sf
0.8/1,250 sf of gla
DRIVE UP STACKING LANE SPACE
Banks, S&L
8 vehicles for 1st drive-up lane, 6 for 2nd and subsequent lanes
Restaurants with driveup
Stacking for 11 vehicles, of which at least 6 before menu board
Carwash - self service*
2 queuing lane in front of each stall
Carwash - full service*
2 times the capacity of the washing operation (length of the conveyor divided by 20)
* A stacking lane shall be at least 10 feet wide and each stacking space shall be 20 feet long. Stacking shall not interfere with parking nor travel lanes, nor protrude into the street.
b) 
Requirements for uses not specifically listed herein shall be determined by the Building Inspector based upon the requirements for comparable uses and upon the particular characteristics of the use.
c) 
In all cases in which parking of large vehicles or of more than one (1) company vehicle is part of the business, additional spaces shall be provided for such vehicles.
4. 
Stacking spaces for drive-through services Uses which have drive-through window services shall provide queuing spaces. The minimum number of queuing spaces required shall be determined by the Zoning Board of Review. Where such queuing spaces are provided, they shall conform to the following standards:
a) 
No queuing space may occupy any portion of a public right-of-way;
b) 
Each queuing lane shall be a minimum of ten feet (10') in width; and
c) 
Queuing spaces may not be used to satisfy any of the off-street parking or loading requirements of these regulations.
5. 
Aisles, driveways and maneuvering space
a) 
Each access driveway shall be located and designed so as to cause the least practical interference with the use of adjacent property and with the movement of pedestrian or vehicular traffic.
b) 
Access driveways shall be curbed.
c) 
All parking facilities shall be arranged so that any vehicle entering a public right-of-way can do so while traveling in forward motion, and a vehicle entering the parking facility shall not be required to enter a street to move from one (1) location to any other location within the parking facility.
d) 
All parking facilities shall be arranged so that parking maneuvers can be accomplished without driving, maneuvering or encroaching into or upon any public right-of-way, walk-way, or unpaved landscaped area within or adjoining the parking facility. All parking stalls shall open directly upon a maneuvering or turn around area or an aisle leading to an access driveway and shall be individually and continuously accessible.
e) 
As feasible, in traffic sensitive areas adjacent commercial parking lots shall be connected by driveways in order to lessen traffic congestion.
f) 
The radius of entrance drives shall be fifteen feet (15').
g) 
Access driveway widths shall have the following dimensions:
(1) 
A minimum of eleven feet (11') for all one-way driveways.
(2) 
A minimum of twenty feet (20') for all two-way driveways.
h) 
Parking area aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking:
Parking Angle
(degrees)
Aisle Width
45°
60°
90°
One-Way Traffic
11'
13'
18'
Two-Way Traffic
20'
21'
23'
6. 
Satellite parking. Parking may be permitted by the Zoning Board of Review on an abutting lot or, if not in a traffic sensitive district, directly across the street from the principal building, provided that:
a) 
Said satellite parking area is subject to a recorded easement; and
b) 
Said satellite parking area is not to be used or counted for parking for any other use, except as permitted under paragraph 8. Shared Parking Facilities below.
7. 
Parking lot location and orientation for parking lots greater than one hundred (100) spaces.
[Added 2-4-2008]
a) 
Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance.
b) 
No more than sixty percent (60%) of the off-street parking area for the entire property shall be located between the front facade within the front yard of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lots are screened from view by out-lot or pad development (such as restaurants) or additional tree plantings and/or berm.
c) 
Smaller retail/service buildings less than twenty thousand square feet (20,000 ft.2) and located within a large retail complex as a separate building pad(s) should incorporate into their design structural enhancements similar to the principal structure in order to provide visual consistency and a greater sense of place within the center.
d) 
The location of all off-street parking spaces shall be on the same lot as the principal use or not over four hundred feet (400') from the principal use, unless permitted under "shared parking" or satellite parking provisions.
e) 
A designated Park and Ride area may be required. If required, Park and Ride areas shall be a minimum of ten (10) parking spaces (not to be included in satisfying minimum parking lot space requirements), and shall be located as near to the principal vehicular access and public transit facilities as possible.
f) 
An off and/or on-street bus stop for customers and employees shall be provided when the site is located on an established or planned transit route.
g) 
Cart Returns. Where shopping carts are to be provided, a minimum of one (1) two hundred square foot (200 ft.2) cart return area shall be provided at suitable intervals within the parking area for every one hundred (100) parking spaces. Cart corrals shall be of durable, non-rusting, all season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located in the parking lot within twenty-five feet (25') of the building.
(1) 
Shopping cart storage areas adjacent to facade walls (not in parking lots) must be screened with landscaping or materials matching the materials of the primary facade wall. No more than two (2) shopping cart storage areas (one (1) on each side of an entrance) may be provided on any facade wall. Shopping cart storage areas may not exceed twenty feet (20') in length.
8. 
Shared parking facilities.
a) 
Required off-street parking for any number of separate uses may be combined in a shared parking facility under the conditions of this section, subject to the approval by the Zoning Board of Review. Such parking space shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space. Removal of such encumbrance may be permitted only by the Zoning Board of Review or Planning Board, as applicable.
b) 
The total number of spaces provided shall not be less than the sum of the individual requirements for all uses, unless otherwise permitted as follows:
(1) 
Up to seventy-five percent (75%) of the parking spaces required for theaters, public auditoriums, banquet facilities, and church auditoriums may be provided and used jointly by offices, retail, service establishments, schools, and similar uses not normally open, used, or operated during the same hours as those uses listed above.
(2) 
Up to thirty percent (30%) of the parking spaces required for the predominant use on a site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities.
[Amended 2-4-2008]
9. 
Off-street loading requirements.
a) 
Adequate off-street loading shall be provided for each use. Loading bays shall be located at the side or rear of the building they are intended to serve. Off-street loading facilities required by this section shall be maintained as long as the building, use or structure remains.
b) 
Off-street loading spaces shall not be used to meet off-street parking requirements, nor shall off-street parking facilities be used to meet off-street loading requirements.
c) 
No loading bay shall be located within fifty feet (50') of a residential district. Trash collection or compaction areas shall not be located within twenty feet (20') of any public street, public sidewalk.
d) 
Staging, loading, or idling of commercial vehicles in a service area is prohibited between the hours of 9:00 p.m. and 7:00 a.m. Signs prohibiting staging, loading, or idling of commercial vehicles between the hours of 9:00 p.m. and 7:00 a.m. must be posted every one hundred feet (100') adjacent to the service area.
[Added 2-4-2008]
10. 
Landscaping requirements. It is intended that the application of the landscape standards set forth below will reduce the visual and environmental impacts of large expanses of parking areas. Breaking up of paved parking areas with plantings will provide improved aesthetics and enhance both the development and the community.
a) 
A landscaping and lighting plan to be submitted as part of the development application is required for all parking areas.
(1) 
The plan will specify plant materials and will illustrate how landscape provisions will visually screen and divide parking areas.
(2) 
Illumination levels and placement of light sources will be shown.
(3) 
Lighting must be full cut-off lighting directed away from residential uses and no more than twenty feet (20') high at the perimeter of the parking area, with a brightness of no more than one-half (1/2) foot-candle at any property line with the exception of vehicular entrances and exits.
[Added 2-4-2008]
b) 
Where a parking area is altered or expanded to increase the size to fifteen (15) or more vehicular parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.
c) 
Landscaped areas shall not count toward the seventy percent (70%) Maximum Building, parking and travelway coverage in Article VII Section G. Retail Business, Office or Consumer Service Complex herein (that is they are counted as unpaved open areas).
d) 
Interior parking area landscaping. For the purposes of this section, the "interior parking area" shall include parking stalls, access drives, aisles, walkways, dead spaces, and required separations of parking from structures, but shall not include required setbacks, access driveways or walkways within such setbacks, or areas between buildings.
(1) 
The following percentages of interior parking area shall be suitably landscaped as described below:
Size of Parking Lot
% of Interior Area to be Landscaped
< 15 spaces
0%
15 - 50 spaces
5%
50 - 100 spaces
7%
> 100 spaces
10%
e) 
Landscaping dimensions and material. Parking lots containing fifteen (15) or more spaces shall be planted with at least one (1) tree per twelve (12) spaces, no smaller than two-inch (2") caliper (trunk diameter at four-foot (4') height), each tree being surrounded by no less than fifty square feet (50 ft.2) of permeable, unpaved area.
(1) 
All landscaping shall be contained in planting beds. Each planting bed shall have a minimum area of fifty square feet (50 ft.2) and shall be enclosed by appropriate curbing or similar device at least six inches (6") wide and six inches (6") in height above the paving surface. Planting beds may be located below the grade of the paved lot in order to absorb some surface water runoff.
(2) 
Interior landscaping features shall be arranged in a linear manner in order to provide a consistent pattern of parking. On each end of a landscaped feature shall be planted either a tree with a minimum vertical clearance of branches six feet (6') from the ground or one (1) or more shrubs not less than two feet (2') in height nor more than four feet (4') in height.
(3) 
Interior landscaping features containing trees shall be contained in peninsulas or islands having a minimum width of eight feet (8') and a minimum length of eighteen feet (18'). There shall be a minimum of four feet (4') to the center of all trees from the edge of paving where vehicles overhang.
(4) 
Grass, ground cover or mulch with a growth-preventing pervious underlayment shall be planted on all portions of the landscape area not occupied by other landscape material.
(5) 
In order to provide that the required landscape areas be properly dispersed, no required landscape area shall be larger than the following:
(i) 
Three hundred fifty square feet (350 ft.2) in parking areas under thirty thousand square feet (30,000 ft.2).
(ii) 
One thousand five hundred square feet (1,500 ft.2) in parking areas over thirty thousand square feet (30,000 ft.2).
(iii) 
Landscape areas larger than the above are permitted as long as the additional area is in excess of the required minimum.
(6) 
All landscaped islands shall be situated below the grade of the parking spaces and driving aisles such that stormwater runoff flow is directed to and trapped by such islands.
[Added 2-4-2008]
f) 
Perimeter buffer and screening. The intent of perimeter buffers and screening is to minimize, to the greatest extent practicable, visual and noise impacts on abutting residential properties from buildings, parking lots, and accessory uses and equipment (lighting, loading, traffic, etc.). For parking lots over one hundred (100) spaces, the intent is to screen such items from view from adjacent residential properties, to the greatest extent practicable, and from the street, while still allowing sufficient visibility for the intended use of the property.
Perimeter buffer and screening should be minimized for developments within the Town Center Zoning District, except within rear setbacks that abut residential zones.
[Added 2-4-2008]
(1) 
Parking areas must be screened along lot lines bordering institutional or residential uses or residential zones and along street frontages. A landscaped buffer area at least twenty feet (20') wide to the rear lot line and ten feet (10') wide to the side lot lines is required. The front landscaped buffer along a public street shall be the depth of the required front yard or twenty feet (20'), whichever is less. For parking lots over one hundred (100) spaces, the Zoning Board of Review or Planning Board, as applicable, may require a landscaped buffer up to fifty feet (50') wide. Such width shall be based upon:
[Amended 2-4-2008]
•
Size and intensity of proposed use;
•
Relative topography of the proposed development to adjacent residential development;
•
Placement of parking, loading and service areas;
•
Landscaped and/or solid screening.
(2) 
All trees shall be a minimum of two-inch (2") caliper (trunk diameter) when planted. Native trees and shrubs shall be planted wherever possible, in order to capture the "spirit of the locale" through indigenous species. Trees shall be of a type that will survive urban conditions with little or no maintenance.
(3) 
For parking lots over one hundred (100) spaces, up to seventy-five percent (75%) of the lot frontage adjacent to any arterial street, not including vehicular and pedestrian entrances, may be required to include screening of on-site parking by means of on-site buildings, which may include the primary structure, as well as dense landscaping, or a combination.
[Added 2-4-2008]
(4) 
For parking lots over one hundred (100) spaces, seventy-five percent (75%) of the lot frontage adjacent to all other streets shall provide screening of on-site parking.
[Added 2-4-2008]
(5) 
Lot frontage adjacent to residential use or residential zoning districts shall provide screening of on-site parking by means of walls, landscaping, landscaped berms, or buildings.
[Added 2-4-2008]
(6) 
Upon variance, a landscaped buffer of not less than at least six feet (6') wide, may be permitted provided it is densely planted with a mixture of deciduous and evergreen trees and shrubs to create an effective visual barrier.
(7) 
Any fire lane and setback of the fire lane from a building required by the Portsmouth Fire Department may not count toward the landscaped buffer requirement.
[Added 2-4-2008]
(8) 
Maintenance of significant trees.
[Added 2-4-2008]
(i) 
Removal of viable live trees greater than twelve inches (12") in caliper is expressly prohibited within any required landscaped buffer, except invasive species that tend to choke out other growth. An area of six feet (6') on all sides of such trees may not be paved.
(ii) 
Removal of viable live trees greater than twelve inches (12") in caliper within the proposed building footprint or within the parking area may be approved by the Board if no reasonable alternative is available.
(iii) 
A tree deemed "destroyed" by a certified arborist chosen by the Town at the applicant's expense may be removed with the approval of the Zoning Enforcement Officer.
g) 
Screening material.
[Added 2-4-2008]
(1) 
Suitable temporary visual screening at least six feet (6') in height shall be installed within any required buffer prior to the commencement of any other construction, excavation, land clearing or grading activities.
(2) 
Where any parking lot or section of a parking lot greater than one hundred (100) spaces faces residential uses on adjacent lots within one hundred feet (100'), a permanent berm containing at a minimum evergreen trees or arborvitae at least six feet (6') in height when planted, planted at intervals of twenty feet (20') on center. Height and width or berm and locations of plantings shall be designed by a registered landscape architect or certified arborist to meet the intent of this section. Depending upon the size and nature of the development, the appropriate Board may require up to a double row of six foot (6') high evergreen trees planted at minimum intervals of ten feet (10') on center or in clusters or clumps shall be provided. Existing trees and shrubbery, or other suitable visual barrier, may substitute for this requirement, at the discretion of said Board. At its option, said Board may require a solid wood fence of six feet (6') in height in addition to or in place of said berm, but not in place of the evergreen trees or arborvitae. Wood fences on the perimeter of a lot shall be installed with the finish side of the fence slats facing toward the neighboring property.
(3) 
Chain link or wire mesh fence may not be used as a screening material.
h) 
Landscaping for service structures.
(1) 
In all non-industrial zones, outdoor storage areas, exposed machinery, service structures including propane tanks, dumpsters and outdoor areas used for the storage and collection of rubbish, air conditioning units and condensers, electrical transformers, and other equipment or elements providing service to a building or a site must be visually screened from roads and surrounding land uses. Suitable types of screening include opaque wood fences and dense evergreen hedges of five feet (5') or more in height. Service structures in an industrial zone shall be fully screened when located within thirty-five feet (35') of any zone other than industrial.
(2) 
A continuous planting, hedge, fence, wall, or earth mound shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one (1) side is required. The average height of the screening material shall be one foot (1') more than the height of the enclosed structure, but shall not be required to exceed eight feet (8') in height. If service structures are screened by plant material, such material may count towards the fulfillment of perimeter landscaping. In locations where potential health or safety hazards may arise (such as rubbish storage/collection areas), a solid wooden fence, six feet (6') in height is required (to deter children and animals from entering the premises).
i) 
Vision clearance. All developments, signs, landscaping and other improvements shall provide for clear, unobstructed vision for pedestrians and motorists entering, exiting or moving within any development.
(1) 
Pertaining to street intersections, entrances or exits from parking lots, and intersections of parking lot aisles and driveways, there shall be a three (3)-dimensional area between the height of three feet (3') and seven feet (7') from the ground for a distance of thirty feet (30') from the corner in which nothing exists, is erected, placed, planted or allowed to grow in such manner as to materially impede vision.
1. 
Definitions. Unless otherwise expressly stated in this Ordinance, the following definitions shall apply to this section:
a) 
Announcement or Bulletin Board — Signs containing written or printed notices for public, fraternal, charitable, civic or religious institutions that contain no commercial advertising.
b) 
Billboard — An outdoor sign advertising products or services not made, sold, used or served on the premises on which the sign is located.
c) 
Erect — To build, construct, attach, hang, place, suspend or affix a sign, or to paint a wall sign or to do anything else which causes a sign to be visible to the general public.
d) 
Frontage - Building — The length of a building, at ground level, that faces a public street or parking area.
e) 
Frontage - Street — The distance, measured along a straight line connecting the point of intersection of the side lot lines with a public street.
f) 
Sign — Any object, device, or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Excluded from this definition are the actual products or merchandise being marketed, and pavement markings or driveway directional arrows painted on the ground that contain no advertising.
g) 
Sign Area — The area of a sign is the total area within a line circumscribing all surfaces or structures used or employed or designated for use as a sign or for sign purposes including spaces between or within letters and/or pictorial matter, slates and panels.
(1) 
Spaces between major supports or frames required for clearance between sign and ground shall be excluded. Frames and structural members that do not meet the definition of a sign shall not be included in the computation of sign area.
(2) 
All visible faces of a multi-faced sign shall be counted separately and then totaled in calculating sign area, except that on dual-faced signs where the two (2) faces are parallel and opposite, only one (1) side shall be counted. Three (3) dimensional signs shall be treated as dual-faced and the total area shall be two (2) times the area of the line circumscribing all surfaces or structures used or employed or designated in the plane of the largest dimension.
h) 
Sign, Freestanding — A sign supported by a pole, uprights, braces or frame or similar device on the ground and not supported by any walls, building or similar structure.
i) 
Sign Height — The height of a sign shall be the vertical distance measured from the ground at the base of the sign to the highest point of any portion of the sign or supporting structure.
j) 
Sign, Illuminated — A sign illuminated with an artificial light directed from an exterior source or illuminated from within as an integral part of the construction of the sign, including neon signs.
k) 
Sign, Off-Site Directional — Any sign giving directions to the location of any use or activity not located upon the property upon which the sign is erected, and which may contain only the name of the use and necessary information giving directions to the use; provided however that no advertising shall be contained in such sign.
l) 
Sign, Portable — Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to: signs designed to be transported by means of wheels; signs converted to A or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; satellite dishes which display advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
m) 
Sign, Projecting — A sign erected so as to project approximately perpendicular from the exterior of any building or wall.
n) 
Sign, Roof Mounted — A sign placed upon the roof of any building or portion thereof, or erected on a vertical framework supported by the roof of a building.
o) 
Sign, Wall-Mounted — A sign erected against, painted on or attached to the wall of any building or structure (except a freestanding sign support) including by illustration and not limitation, signs affixed to fences, screens and freestanding walls.
p) 
Sight Distance Triangle — The land adjoining a street intersection that is kept clear of obstructions between three (3') and seven feet (7') above the ground to protect the visibility and safety of motorists and pedestrians. The protected sight distance area is the triangle with legs that are the intersecting flowlines of two (2) streets at an intersection. The legs shall extend thirty-five feet (35') away from the intersection of the flowlines.
2. 
Building permit required/safety and materials.
a) 
Except as provided herein, no sign shall be erected, installed, displayed, kept, modified, repaired, placed or replaced unless a building permit is issued therefor.
b) 
No provision of this Ordinance shall be construed to prohibit the painting, repainting, varnishing, etc. of a lawfully existing sign. No provision of this Ordinance shall be construed to prevent the building inspector from issuing a permit for the repair, replacement or resurfacing of any preexisting, nonconforming sign, lawfully existing on the 23rd day of October, 1989, provided that there is no change in the height, location, or shape of said sign or increase in sign area (unless the change in the shape of the sign is due to a decrease in sign area, in which case change in the shape of said sign is permissible).
c) 
The Building Inspector may require the following information to be submitted along with the application for a building permit:
(1) 
Name, address and telephone number of the applicant.
(2) 
A drawing of the proposed sign, giving dimensions, colors, materials and details about the proposed lighting.
(3) 
A drawing of the building or lot showing where the proposed sign is to be located in relation to the building, property lines and streets, including heights.
(4) 
A drawing of the plans and specifications and details of the method of construction and attachment to the building or in the ground.
(5) 
Any electrical permit required and issued for said sign.
(6) 
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected.
d) 
Every sign and all parts thereof, including without limitation, the framework, supports, background wiring systems and anchors shall be constructed and maintained in compliance with all applicable building, electrical and fire prevention codes. All signs and parts thereof shall be kept in good repair.
3. 
Permitted signs in any zoning district. The following signs are permitted in any Zoning District. No sign shall be higher or wider than four feet (4') exclusive of framework:
a) 
One (1) sign, no greater than one and one-half square feet (1 1/2 ft.2) in area displaying the name and address of the occupant and/or identifying a permitted or accessory use.
b) 
Announcement or bulletin boards provided they are erected for a period not to exceed two (2) weeks in conjunction with advertisement of an upcoming event. No more than two (2) such signs shall be permitted for any event and the total combined sign area for all signs for any one event shall not exceed thirty-two square feet (32 ft.2).
c) 
Temporary "For Sale" or "For Rent" signs no greater than six square feet (6 ft.2) in area in a residential zone and no greater than twelve square feet (12 ft.2) in area in any other zone that advertises the sale, lease, rental, etc. of real property upon which the sign is located. These signs shall not be illuminated.
d) 
Traffic signs or signs erected by a public or municipal agency in discharge of its governmental functions.
e) 
Instructional or directional signs, identifying on-premise traffic, parking or other functional activity, such as lavatory facilities, telephone, sections of a building, entrances, offices, etc. bearing no commercial advertising. Each sign shall not exceed two square feet (2 ft.2) in area.
f) 
Accessory signs incidental to a business or a profession conducted on the premises indicating hours of operation, credit cards, business affiliations, and the like, provided the total area does not exceed two square feet (2 ft.2); and accessory signs such as no trespassing, or other such signs regulating the use of the property upon which it is located, of no more than two square feet (2 ft.2) in area per sign.
g) 
Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance.
4. 
Signs permitted in Residential and Open Space Districts.
a) 
The following signs are permitted in Residential and Open Space Districts:
(1) 
All signs permitted under Paragraph 3 above.
(2) 
One sign, no greater than twelve square feet (12 ft.2) in area, identifying a legally maintained nonconforming use. The location of such signs shall comply with the side yard setback provisions of the Land Space Requirements Table in Article III. for the zoning district in which it is located. Such sign shall be placed no closer than ten feet (10') from the front lot line and shall not project above the height of any principal building. The overall height of a freestanding sign in these districts shall not exceed ten feet (10').
(3) 
One sign, no greater than twelve square feet (12 ft.2) in area, identifying a use permitted by special use permit or use granted by variance proceeding. The location of such signs shall comply with the side yard setback provisions of the Land Space Requirements Table in Article III. for the zoning district in which it is located.
[Amended 8-15-1994[1]]
[1]
Note: Change ARTICLE IX, Specific Development Regulations Section B.4.a)(3) and Section B.6., the wording, from "special exception" to "special use permit" or any place it may appear.
(4) 
Permanent signs at major entrances to residential developments or open space entrances designed only to identify such developments or spaces and do not exceed twelve square feet (12 ft.2) in area.
b) 
Signs in these districts shall be lighted only by continuous, external white light.
5. 
Signs permitted in Commercial, Industrial and Waterfront Districts. The following signs are permitted in Commercial, Industrial and Waterfront Districts:
a) 
On lots having one (1) establishment: On any lot upon which is located only one (1) establishment, the following signs shall be permitted:
(1) 
One freestanding sign, not to exceed fifteen feet (15') in overall height including the space clearance between the ground and the sign. The maximum area of said signs shall be equal to or less than one square foot (1 ft.2) of sign area for each five lineal feet (5') of street frontage of said lot, not to exceed thirty-two square feet (32 ft.2). In instances where a lot fronts on more than one (1) street, only the frontage on one (1) street may be used for calculating sign area. That frontage shall be the frontage upon which the signs are located.
(2) 
One (1) wall mounted sign, one (1) roof-mounted sign or one (1) projecting sign. The maximum area of a wall-mounted sign shall be equal to or less than one square foot (1 ft.2) for each two lineal feet (2') of building frontage on which the signs are attached, not to exceed fifty square feet (50 ft.2), provided that the sign shall not extend beyond the top or side of the wall to which it is attached. The maximum area of a roof-mounted or projecting sign shall not exceed twelve square feet (12 ft.2). The base of all projecting signs shall be no less than eight feet (8') above the ground. Projecting signs shall not project more than four feet (4') from the exterior wall of the building. Roof mounted signs shall not extend above the peak of the roofline of the roof upon which it is mounted or be attached in any way which would increase the overall height of the structure on which is located.
b) 
On lots having multiple establishments: On any lot upon which is located more than one (1) establishment the following signs shall be permitted:
(1) 
One (1) freestanding sign per lot not to exceed fifteen feet (15') in overall height including the space clearance between the ground and the sign. The maximum area of said sign shall be equal to or less than one square foot (1 ft.2) of sign area for each five lineal feet (5') of street frontage of said lot, not to exceed thirty-two square feet (32 ft.2). In instances where a lot fronts on more than one (1) street, only the frontage on one (1) street may be used for calculating sign area. That frontage shall be the frontage upon which the sign is located. and:
(2) 
One (1) wall mounted sign, one (1) roof mounted sign or one (1) projecting sign per establishment. The maximum area of any wall mounted sign shall be equal to or less than one square foot (1 ft.2) for each two lineal feet (2') of building frontage on which the sign is attached divided by the number of establishments having signs on said wall, up to a maximum of forty square feet (40 ft.2), provided that said sign shall not extend beyond the top or side of the wall to which it is affixed. The maximum area of a roof mounted or projecting sign shall not exceed twelve square feet (12 ft.2). The base of all projecting signs shall be no less than eight feet (8') above the ground. Projecting signs shall not project more than four feet (4') from the exterior wall of the building. Roof mounted signs shall not extend above the peak of the roofline of the roof upon which it is mounted or be attached in any way which would increase the overall height of the structure on which is located. (NOTE: It is not clear if this applies to each sign or all signs in total.)
c) 
Common signage plans. If the owner or owners of a lot with three (3) or more establishments file with the Building inspector a common signage plan conforming with the provisions below, a twenty-five percent (25%) increase in the area of each freestanding or wall mounted sign shall be allowed.
(1) 
The Common Signage Plan shall contain all information required by paragraph 2.c) above, with the exception of paragraph 2.c)(1), and specify standards for consistency among all signs on the lot with regard to color scheme, lettering or graphic style, lighting, location on buildings, material and sign proportions.
(2) 
There shall be only one (1) freestanding sign for each lot regardless of number of establishments and the common signage plan shall provide for sale or shared usage of said sign.
(3) 
The Common Signage Plan shall be signed by all owners or their authorized agents in such form as the building inspector shall require.
(4) 
A Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the Town for any proposed development including those plans required to be filed pursuant to Article VII, Section G. of this ordinance and shall be processed simultaneously with that plan.
(5) 
A Common Signage Plan may be amended by filing a new Common Signage Plan that conforms with all requirements of the ordinance then in effect.
(6) 
After approval a Common Signage Plan, no sign shall be erected placed, painted, or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision of this ordinance. In case of any conflict between the provisions of such a plan and any other provision of this ordinance, the ordinance shall control.
d) 
All signs permitted under paragraphs 3 and 4 above.
6. 
Signs permitted by special use permit. The following signs may be permitted as a special use permit by the Zoning Board of Review:
a) 
Off-site directional signs where the location of a use requires such signs in order to avoid confusion, traffic congestion or similar inconveniences, and to facilitate travel to such location. The Zoning Board of Review may permit signs as are reasonably necessary to accomplish these objectives, but no more than two (2) such signs shall be permitted for any one (1) use. The area of any such sign shall be no more than four square feet (4 ft.2) and in all cases the minimum number of signs and size necessary to accomplish any of these objectives shall be authorized. The Zoning Board shall only grant the minimum relief necessary to effect the purposes of this section.
b) 
Signs, which by their content, design, shape or construction, are representations of a trademark, logogram or symbol employed in the advertising of any industrial use. No more than one (1) such sign shall be permitted for each such use, and may be permitted only in industrial zoning districts. The area of any such sign may not exceed forty square feet (40 ft.2). Such sign shall only be wall-mounted, may be illuminated and shall be in addition to any permitted signs. The Zoning Board shall only grant the minimum relief necessary to effect the purposes of this section.
c) 
Any sign not in conformance with the provisions of this ordinance in regards to permitted number of signs, sign area, height, or location only, provided that no relief from this ordinance may be granted to allow the lawful erection or maintenance of signs prohibited by Paragraph 7 hereof.
7. 
Signs prohibited in all districts. The following signs are prohibited and shall not be erected or maintained in any district:
a) 
Billboards or off premise signs ([except as permitted under paragraph 6. a)].
b) 
Signs which incorporate in any manner any flashing, moving or oscillating illumination or illumination which varies in color, or signs with audible sounds.
c) 
Signs which have visible moving parts, including signs which achieve movement by action of wind currents.
d) 
Projecting signs with internal illumination.
e) 
Obsolete signs or obsolete supporting structures which no longer advertise the bone fide business or use conducted on the premises.
f) 
Signs or supporting structures which constitute a hazard to public safety or health.
g) 
Signs which by reason of size, location, content, coloring or manner of illumination, obstruct, hinder or distract the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads or which interfere with, mislead or confuse traffic.
h) 
Searchlights, pennants, spinners, banners and streamers.
i) 
Portable signs and trailer signs.
8. 
General provisions
a) 
No sign shall extend onto or over a public right-of-way without prior approval by the Town Council. The Town Council shall require the applicant to maintain sufficient insurance coverage to protect both the Town and the applicant from all claims from personal injuries which may arise from said sign.
b) 
Nothing in this section shall be interpreted as authorization for or approval of the continuation of the use of signs in violation of any ordinance in effect at the time of the passage of this section.
c) 
No sign shall be erected or placed within the sight distance triangle defined in paragraph 1 herein which obstructs the visibility of a motorist entering or leaving such establishment in the space between three feet (3') and seven feet (7') above the ground.
9. 
Signs exempt from permit requirement. No permit shall be required for signs defined in Subparagraphs a), b), d), e), f) and g) of paragraph 3 herein, provided said signs otherwise comply with the provision of this ordinance.
10. 
Administration and enforcement. The Town Building Inspector shall have the responsibility and authority for:
a) 
Determining conformance with this article for all proposed and presently existing signs.
b) 
Issuing a permit for all signs which comply with this ordinance.
c) 
Issuing notice to any owner of a nonconforming or prohibited sign or owner of land on which a prohibited sign exists that they are in violation of this ordinance and to supply to said person a copy of this ordinance.
d) 
Inventorying all signs presently in the Town.
e) 
Determining compliance with the state building and safety codes and conducting periodic inspections of existing signs to ensure the safety and continued compliance with state building and safety codes.
f) 
Removing prohibited signs which are unsafe or unlawful as defined under the state building code or signs determined to be prohibited or not in compliance with this chapter.
All developments, signs, landscaping and other improvements shall provide for clear, unobstructed vision for pedestrians and motorists entering or exiting any development.
1. 
Pertaining to street intersections and entrances or exits from parking lots, a three (3)-dimensional area between the height of three feet (3') and seven feet (7') for distance of thirty feet (30') from the corner (measured along the property line at intersections and at the curb for parking lots) in which nothing exists, is erected, placed, planted or allowed to grow in such manner as to materially impede vision.
2. 
Pertaining to residential driveways, the clear vision distance from the street shall be ten feet (10').
[Added 1-21-2004]
1. 
Pre-application meetings - concept plans.
a) 
One (1) or more pre-application meetings shall be held for all developments to be reviewed by the Design Review Board according to Articles VII and VIII of this ordinance. Pre-application meetings may be held upon request of either the Zoning Officer or the applicant. Pre-application meetings shall allow the applicant to meet with the Design Review Board for advice as to the pertinent Town plans, ordinances, regulations, rules and procedures and standards which may bear upon the design of the proposed development project.
b) 
The applicant may request the Design Review Board for an informal concept plan review for a development. Such meetings are encouraged. The purpose of the concept plan review is to provide Design Review Board input in the formative stages of a development concept design. (Note: a "concept plan" is not to be confused with a full application.)
c) 
Applicants seeking a pre-application meeting or an informal concept plan review shall submit materials at least two (2) weeks prior to meeting with the Board.
d) 
Pre-application meetings shall aim to encourage information sharing and discussion of project concepts. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements. Any tentative approval or acceptance of a pre-application concept plan by the Design Review Board shall not be binding upon the Zoning Board of Review. Pre-application discussions are not to be considered as vesting of any sort in zoning or any other land use ordinances of the Town. The Board shall not be required to hold a public hearing on the pre-application concept plan filed.
e) 
Concept plan submittal contents.
(1) 
Plan drawn on sheet at a scale of one inch equals forty feet (1" = 40') and be thirty-two inches (32") long and twenty-two inches (22") wide on which shall be at least the following:
(2) 
A plot plan showing the entire area to be developed as well as any abutting land under control of the applicant or owner of the land shown on the plan, and all properties within five hundred feet (500') of proposed development.
[Amended 10-10-2004[2]]
[2]
Note: "and all properties within 500 ft. of proposed development" adopted 10-10-2004.
(3) 
A title block including the name of the designer and engineer, the name of the development, owner and applicant if other than owner, the date and scale.
(4) 
Show location of all proposed vehicular and pedestrian interior ways.
(5) 
Show location of proposed parking.
(6) 
Show location of all proposed buildings (new and renovated) by type.
(7) 
Show location of retention/erosion control areas if necessary to meet drainage requirements.
(8) 
Show the proposed treatment of all open spaces.
(9) 
Show preliminary building elevations and exterior treatments.
(10) 
A one-page written description of the project.
2. 
Application submission requirements.
a) 
In addition to the submittals required in Article VII in this Ordinance, seven (7) full sets of building and site drawings including, but not limited to, building elevations, landscaping and planting plans, signage, etc., as set forth below, and shall, as a condition precedent to the granting of said special use permit, require full adherence to said plans without deviation at any later construction date. Said submissions shall be at the same size and scale as required in Article VII, and shall conform to the development standards set forth in the Design Review Guidelines, and shall contain the following:
[Amended 1-21-2004]
b) 
Architectural Submittals. On a separate sheet(s), architectural submittals are required which shall include the following:
(1) 
Elevations, locations and dimensions of all wall openings, including windows, doors, and vents; for all sides of any proposed building or structure, including signs;
(2) 
Exterior lighting plans;
(3) 
Samples and/or descriptions and colors of all materials for proposed exterior treatments.
(4) 
Indication of roof pitch and materials.
(5) 
Location of and screening method used for all roof mounted mechanical equipment.
(6) 
Landscape plans. On a separate sheet(s), landscape plans are required which shall include the following:
(i) 
Location of existing trees and major shrubs that will be preserved. Proposed plantings and other landscape material, shown by type, size and number;
(ii) 
Provisions for pedestrian circulation;
(iii) 
Site furnishings, including location of and screen treatment for trash disposal and storage areas;
(iv) 
Location and appearance of all fences, walls, berms and other screening features; and
(v) 
Location, dimension, slopes, and landscaping treatment of all drainage facilities.
(vi) 
A written description of the project.
3. 
Design standards - purpose.
a) 
Architectural styles, design themes, and site details including signs, lighting, pedestrian furniture, planting and paving, along with building materials, colors, textures and grade shall be compatible within the overall site design and shall preserve and enhance the character of the surrounding area. These details should blend with their surroundings to create a diverse, yet unified, street composition.
b) 
Design Review Standards, which shall guide the recommendations of the Design Review Board, are contained in the publication entitled "Portsmouth Design Review Guidelines".[3]
[3]
Editor's Note: See Ch. 148, Design Review Guidelines.
c) 
While quality design is desirable everywhere, it is the intent of this ordinance that the Portsmouth Design Review Guidelines be more stringently applied in the Town Center District than in other zones in order to achieve the intent of the Town Center District per Article III.
[Added 10-27-2004]
[1]
Editor's Note: See also Ch. 148, Design Review Guidelines. Note: Design Review along with a separate document entitled "Design Review Guidelines" was adopted on 1-21-2004. References to the Guidelines and the Design Review Board are contained in Articles VII, IX, and XI.