A project as provided for in the Zoning Ordinance as a Land Development Project, in which one (1) or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, Planned Unit Development and/or Residential Open Space Development, as defined herein, for residential, commercial, institutional, recreational, open space, and/or mixed uses shall be subject to the provisions of this section as a "Land Development Project."
1. 
Any land development project application referred to the Planning Board for approval shall be reviewed in accordance with the procedures and requirements established herein, including those for appeal and judicial review, whether or not the land development project constitutes a "subdivision," as defined herein, as well as the procedures and requirements established in Article VIII of the Zoning Ordinance. No land development project shall be initiated until a plan of the project has been submitted and approved by the Planning Board. The Planning Board shall have full review and approval authorities for land development project applications.
2. 
All land development projects shall be reviewed in accordance with procedures and regulations established for major subdivisions in Article VI of the Land Development and Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
3. 
The Planning Board may, at its option and at the applicant's sole expense, retain independent expert consultants to evaluate specific portions of the proposal.
[Added 9-19-2006]
4. 
In case of conflict between this article and the Land Development and Subdivision Regulations,[2] the provisions of this article shall prevail.
[2]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
5. 
In reviewing, hearing, and deciding upon a land development project, the Planning Board is empowered to allow zoning incentives within the project as provided for in the zoning ordinance, and is empowered to apply such special conditions and stipulations to the approval as may, in the opinion of the Planning Board, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.
[Added 2-25-1997]
1. 
Purpose.
a) 
Residential Open Space Development, as used herein, is the use of a parcel of land for residential purposes which allows (amended 2-23-2004) smaller lots than would otherwise be permitted in the zoning district, provided that open space on the parcel is set aside for recreation, conservation, agriculture, and/or the preservation of sensitive or valuable features or structures. The overall residential density on the Residential Open Space Development parcel may not exceed that which is otherwise permitted in the zoning district.
b) 
Residential Open Space Developments are intended to achieve the following:
(1) 
Maximize open space and encourage the preservation of features and sites that have natural, ecological, cultural, historical, agricultural, scenic, or other significant interest or value;
(2) 
Facilitate the economical and efficient provision of necessary public streets and utilities, community facilities, recreation, and open space;
(3) 
Encourage the development of harmonious, efficient, and convenient living environments and communities.
2. 
Applicability and procedure.
a) 
Residential Open Space Developments (amended 2-23-2004) shall be permitted in residential zoning districts R-20, R-30, R-40, and R-60, pending approval of the Planning Board per the procedures established in this article.
b) 
The Planning Board shall not approve a Residential Open Space Development which in its determination will have a detrimental effect upon the natural characteristics of the parcel of land or on the property surrounding the parcel.
c) 
No Residential Open Space Development shall be undertaken, nor any lots sold, nor any portion of such development constructed until a subdivision plan for such development has been approved by the Planning Board in accordance with the procedures established by:
(1) 
The Land Development and Subdivision Regulations for Major Land Development and Major Subdivision Review.[1]
[1]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(2) 
The additional requirements for Residential Open Space Developments established in this article.
d) 
Because it is considered in its entirety, a Residential Open Space Development shall be approved and developed as a whole, including all infrastructure and required open space, with phasing, if applicable, as approved by the Planning Board.
3. 
Number of permitted lots.
a) 
The total building lot yield shown on the Conventional Yield Plan, submitted in accordance with Section 4 herein, shall determine the maximum number of lots permitted in the Residential Open Space Development.
b) 
In the case of a parcel which is in two (2) separate zoning districts, the maximum number of lots shall be the sum of the numbers which would be allowed in each by the Conventional Yield Plan.
4. 
Submission requirements. In addition to the submissions required as part of a major subdivision, the following submissions are required:
a) 
Accompanying any Master Plan application for a Residential Open Space Development, the applicant shall submit a plan for a viable conventional subdivision (the "Conventional Yield Plan") on the parcel. The Conventional Yield Plan shall identify:
(1) 
The location of all developable land, as defined in Article IV, Section A, Subparagraph 4 of this ordinance, on the parcel; and
(2) 
The placement of housing lots, each of which meet the minimum lot size and frontage requirements of the base zoning district, on the parcel's developable land.
b) 
At the time of the Master Plan Application, the applicant shall include an Open Space Use Plan which includes the following information about the parcel proposed for Residential Open Space Development:
(1) 
The location of all areas of undevelopable land on the parcel;
(2) 
The location of all unique features and sensitive natural areas, as defined in Section 7 of this section;
(3) 
The general location and area of all proposed open spaces;
(4) 
The general proposed use(s) of the open space;
(5) 
Existing ground cover of open space areas;
(6) 
Areas of open space from which existing vegetation will be removed or altered and areas which are proposed to be disturbed or otherwise graded, excavated, or altered from their existing natural state;
(7) 
Generalized proposals for the regrading, revegetating, and/or landscaping of proposed disturbed areas;
(8) 
The location of areas proposed to be left in their existing natural states without any disturbance;
(9) 
The location of significant views into and/or out of the site.
c) 
At the time of the Preliminary Plan Application, the applicant shall include in the Proposed Conditions Map(s) the following information:
(1) 
The approximate footprints of all houses. For this purpose, all footprints shown must be at least two thousand one hundred square feet (2,100 ft.2) including a house and two (2) car garage, an approved septic system location, and a private well, if applicable.
(2) 
The configuration and placement of houses, lots, and septic systems. This configuration must demonstrate that all of the dimensional requirements for Residential Open Space Developments, as established by Section 5 of this section, will be met by every house and lot.
(3) 
The location of access points to Common Lands, as required by Section 7.d) of this section.
(4) 
More detailed specifications of the Open Space Use Plan required at the time of Master Plan Review, including:
(i) 
The location of all areas of undevelopable land on the parcel;
(ii) 
The location of all unique features and sensitive natural areas, as defined in Section 7 of this section;
(iii) 
The exact location and area of all proposed open spaces;
(iv) 
The proposed use(s) of the open space;
(v) 
The existing ground cover of open space areas;
(vi) 
The location of areas of open space from which existing vegetation will be removed or altered and areas which are proposed to be disturbed or otherwise graded, excavated, or altered from their existing natural state;
(vii) 
Specific proposals for the regrading, revegetating, and/or landscaping of proposed disturbed areas;
(viii) 
The location of areas proposed to be left in their existing natural states without any disturbance; and
(ix) 
The location of significant views into and/or out of the site.
5. 
Dimensional requirements for housing.
a) 
The following table prescribes the minimum dimensional requirements for individual lots and for the placement of houses upon lots in a Residential Open Space Development:
Zoning District
Minimum Lot Size
(square feet)
Front Setback
(feet)
Rear Setback
(feet)
Side Setbacks
(feet)
Max. % Lot Coverage
R-20
17,000
30'
30'
15'
20%
R-30
17,000
30'
30'
20'
20%
R-40
17,000
30'
30'
20'
20%
R-60
25,000
30'
50'
50'
10%
Note: All setbacks above are the same as the base zoning district in which the parcel is located.
b) 
Every lot in a Residential Open Space Development shall have a minimum road frontage of thirty-five feet (35').
c) 
The maximum lot coverage percentage shall be the lesser of the above and the requirements of overlay districts as provided per Article III of this ordinance.
d) 
Any portion of a lot that is less than thirty-five feet (35') in width or depth shall not be counted toward the minimum lot size or setback requirements. This provision shall not apply to corners of lots.
6. 
Development design and layout. The design and layout of a Residential Open Space Development shall follow the provisions of the Land Development and Subdivision Regulations, Article X., Design and Improvement Standards,[2] with the additional requirements set forth in this section. In cases of conflict, the requirements in this section shall supersede the requirements of the Land Development and Subdivision Regulations. The Planning Board shall determine on a case-by-case basis whether the design and layout of a proposed Residential Open Space Development are acceptable according to the provisions herein and per the Land Development and Subdivision Regulations.
a) 
Protection of unique features and sensitive natural areas.
The lots and dwelling units shall be sized and arranged in a way which maximizes adherence to the Site Design Criteria for Preservation of Unique and Natural Features, Land Development and Subdivision Regulations Article X, Section C, Subparagraph 2. Said subparagraph sets forth criteria by which the Planning Board shall judge whether or not a proposed development will be able "to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize impacts and alteration of natural features, historic and cultural resources, and areas of scenic value which contribute to the Town."
Residential Open Space Developments will limit housing lots to a smaller portion of the parcel than would a conventional development. They therefore have a greater opportunity to site those lots away from the following sensitive areas:
(1) 
Unique and/or fragile areas, including freshwater wetlands and coastal features;
(2) 
Significant trees or stands of trees, or other vegetative species that are rare to the area or are of particular horticultural or landscape value;
(3) 
Lands in the flood plain, as defined in Article II of the Land Development and Subdivision Regulations;
(4) 
Steep slopes in excess of twenty percent (20%) grade as measured over a ten-foot (10') interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken;
(5) 
Habitats of endangered wildlife, as identified on applicable federal or state lists;
(6) 
Historically significant structures and sites, as listed on federal or state lists of historic places;
(7) 
Agricultural lands;
(8) 
Timber production lands;
(9) 
Vegetated and/or forested buffers protecting sensitive environmental features.
b) 
Perimeter development. In no case shall the minimum distance between any house in a Residential Open Space Development and the nearest lot line of an adjacent parcel outside the subdivision be less than the number of feet required by the zoning setback plus an additional fifty feet (50').
c) 
Street and open space parking requirements.
(1) 
All streets in a Residential Open Space Development which are intended or required for dedication to the Town of Portsmouth shall be improved in accordance with the requirements and specifications contained in the Land Development and Subdivision Regulations.[3]
[3]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(2) 
Where development design creates streets which are likely never to become through roads, the Planning Board may allow the construction of narrower pavement widths than the minimum of twenty-eight feet (28') established by the Land Development and Subdivision Regulations Article X, Section D, Subparagraph 8. The Planning Board may vary road dimensional requirements from those established by the Land Development and Subdivision Regulations Article X, Section D. All streets within a Residential Open Space Development shall maintain a right-of-way width of no less than fifty feet (50'). Where narrower streets are permitted, the Planning Board may require sidewalks on one (1) or both sides of the street.
(3) 
Common parking spaces on Common Lands, as defined in Section 7, shall not be closer than twenty-five feet (25') from all property lines or street right-of-way lines. The Planning Board may require the provision of landscape materials, screen planting, fences, or other materials designed to provide a buffer between parking areas and adjacent streets or property.
[2]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
7. 
Common lands and open space.
a) 
Definitions.
(1) 
"Common Lands" shall be defined as all land on the parcel that is not included in building lots, paved roadway, and road rights of way. All Common Lands are subject to the provisions herein.
(2) 
"Open Space" shall be defined as that portion of the Common Lands that meets the provisions of Developable Land Area, as defined in Article IV, Section A of this ordinance.
b) 
Minimum open space size requirements.
(1) 
In a Residential Open Space Development, a minimum percentage of the parcel's developable land must be open space. The minimum percentage shall vary by zone, according to the following table:
Zone
% of Developable Land which must be Open Space
R-20
10%
R-30
25%
R-40
35%
R-60
45%
(i) 
Where a parcel is located in two (2) or more zoning districts, the overall percent open space required shall be based on the percent of the parcel located in each zone. The actual open space provided may be located in one (1) or more of the zones.
(2) 
Total open space in a Residential Open Space Development shall not be less than one (1) acre.
c) 
Open space land qualifications.
(1) 
Undevelopable land, per the definition of "Developable Land Area" in Article IV, Section A of this ordinance, may not count toward the minimum open space size requirement.
(2) 
Land which has been deemed by the Planning Board to be disturbed from its natural state prior to final approval of the development as a result of soil-removal operations, harvesting of trees or other natural features or refuse disposal or other causes shall not count toward the minimum open space size requirement unless and until the land is restored to a condition which the Planning Board determines to be reasonable and appropriate to effect the purposes of this article. The Planning Board may grant final approval for a Residential Open Space Development subject to such restoration of the disturbed land, provided an appropriate performance bond is posted.
(3) 
Areas proposed to fulfill the minimum open space size requirement shall not be excavated or regraded nor shall any disturbance be made to the natural contours of the land nor shall any existing natural vegetation be removed or any natural or man-made features altered in any way except as is needed for recreation or conservation purposes or for drainage facilities as specifically authorized by the Planning Board.
d) 
Size and shape of open space. Open space shall be designed to provide maximum preservation and enhancement of natural areas. To the maximum extent possible, open space shall be preserved in compact shapes, and not as mere extensions of building lots.
(1) 
To the maximum extent reasonably possible, open space parcels shall be contiguous with protected undeveloped land on adjacent parcels, in order to make the open space part of a larger unified open space system.
(2) 
To the maximum extent reasonably possible, open space parcels shall be located so as to be convenient to the dwelling units they are intended to serve. However, because of noise generated by some permitted uses, open space parcels shall be sited with sensitivity to surrounding development.
(3) 
To the maximum extent reasonably possible, each group of house lots in a Residential Open Space Development shall be adjacent and accessible to the open space proportional to the number of houses in the development. (For example, if there are one hundred (100) houses in the development and each of four (4) groups of lots contains twenty-five (25) houses, about twenty-five percent (25%) of the open space shall be adjacent to each group.)
(4) 
A minimal number of narrow strips of not less than twenty-five feet (25') in width of Common Lands shall be permitted only as:
(i) 
Access corridors between residences, streets, and larger Common Lands parcels.
(ii) 
Drainage areas.
(iii) 
Buffers.
(5) 
Reasonable access to open space shall be made readily available to residents of the Residential Open Space Development.
(6) 
The area of each parcel of open space designed for a permitted use or community facility shall be of such minimum size, dimensions, and characteristics as to be functionally usable for that use or facility.
e) 
Permitted common lands uses.
(1) 
Permitted Common Lands uses are chosen because they preserve the land in its current state, which is consistent with the Town's rural character. Only the following uses of the Common Lands shall be permitted, and use thereof shall be limited to the residents of the Residential Open Space Development.
(i) 
Recreation.
(ii) 
Conservation.
(iii) 
Wildlife Management.
(iv) 
Agriculture, as permitted in Article V of this ordinance.
(v) 
Forest Management.
(vi) 
Utility lines, as a special use permit.
(vii) 
Drainage facilities and drainage easements.
(2) 
Common Lands may not be used for commercial or revenue-enhancing purposes, with the exception of agriculture and outdoor golf courses, but not including miniature golf or driving ranges, which may be provided for by permanent easement or long-term lease.
(3) 
Any change of the proposed Common Lands uses must be approved by the Zoning Board of Review as a Special Use Permit.
f) 
Improvements to common lands.
(1) 
As a general principle, Common Lands not developed for community facilities should be left in their natural state.
(2) 
The Planning Board may require a developer to make improvements such as removing dead or diseased trees, planting or thinning of trees or other vegetation, and grading or seeding.
(3) 
The Planning Board may require special provisions for the maintenance of Common Land, private improvements, drainage systems, and utilities, including requirements for security, including a maintenance bond, as provided in Article X of the Land Development and Subdivision Regulations.[4]
[4]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(4) 
The Planning Board may require the installation of any of the community facilities permitted in Subparagraph g of this section.
(5) 
The Planning Board may allow improvements for agricultural uses, provided that ecologically sensitive land, drainage facilities, and other public improvements remain undisturbed and protected.
g) 
Procedures for approval of community facilities in common lands.
(1) 
Community facilities to be constructed by the applicant shall be submitted as part of the overall Residential Open Space Development plan.
(2) 
The construction of any community facilities subsequent to the approval of a Residential Open Space Development shall be considered as a Special Use Permit and reviewed by the Planning Board per the provisions of Article XI, Development Plan Review, of this ordinance. All community facilities shall be a part of the final submission plans approved by the Planning Board.
(3) 
Subsequent to final plan approval but prior to the conveyance of at least fifty-one percent (51%) of the lots, community facilities may only be permitted after the granting of a Special Use Permit per the provisions of Articles VII and XI of this ordinance.
(4) 
Following the conveyance of at least fifty-one percent (51%) of the lots, community facilities may only be permitted with the permission of the homeowners' association membership and after the granting of a Special Use Permit per the provisions of Articles VII and XI of this ordinance.
h) 
Design criteria for community facilities in common lands.
(1) 
The Planning Board may permit the following types of community facilities to be developed in the Common Lands, consistent with the requirements of this ordinance:
(i) 
Community Structures may include but are not limited to community meeting centers, community art centers, and amphitheaters.
(ii) 
Active Recreational Community Facilities provide recreational or community group opportunities for Residential Open Space Development residents. They may include but are not limited to sports facilities, playgrounds, equestrian centers, pools, beaches, tennis courts, playing fields, and the minimum amount of parking required for these facilities.
(iii) 
Passive Recreational Community Facilities promote human enjoyment of the natural environment. They may include but are not limited to nature parks, nature centers, nature trails, hiking trails, equestrian trails, wildlife observation towers or blinds, and educational displays.
(iv) 
Structures Accessory to Conservation to promote environmental preservation and enhancement. They may include but are not limited to nature preserves, wildlife habitat areas, wildlife nesting platforms or boxes, and wildlife feeders.
(v) 
Structures Accessory to Agriculture may include but are not limited to barns, greenhouses, and silos.
(vi) 
Structures Accessory to Golf Courses may include necessary maintenance facilities for use exclusively on the course and a clubhouse, provided it does not serve food or beverage and is used exclusively for golfers.
(2) 
In addition to the criteria for the granting of Special Use Permits as established by Article VII, Section A of this ordinance, the Planning Board shall consider the following:
(i) 
Any community facilities which are permitted in the Common Lands must conserve and enhance the natural features of the Common Lands having regarded their topography and unimproved condition.
(ii) 
Community facilities shall be designed and located so as to be easily accessible and visible from public rights-of-way. All community facilities shall be accessible to the units in the Residential Open Space Development so that all development residents have ready access to, and use of, such facilities.
(iii) 
In total, community facilities which create impervious surfaces shall not exceed twenty percent (20%) coverage of the open space.
(iv) 
Community facilities shall be located at least one hundred feet (100') from the nearest house.
(v) 
Dimensional requirements for community facilities shall be the same as those established by this ordinance for the base zoning district of the Residential Open Space Development.
i) 
Deed restrictions. Any lands dedicated for Common Lands shall contain appropriate covenants and deed restrictions approved by the Planning Board in consultation with the Town Solicitor and duly recorded in the land evidence records, ensuring that:
(1) 
The Common Lands will not be further subdivided or developed in the future;
(2) 
The Common Lands will remain open space;
(3) 
Appropriate provisions will be made for the maintenance of the Common Land; and
(4) 
Common Lands shall not be used for a commercial enterprise, with the exception of agriculture and outdoor golf courses, but not including miniature golf or driving ranges, as provided herein.
8. 
Common lands ownership. Ownership of the Common Lands shall be vested in a legally constituted organization which shall be responsible for its use and maintenance. The Planning Board shall have the right to approve, modify, or reject the proposed form of ownership if, in its opinion, it does not adequately provide for controls over use and maintenance. As a minimum, the following standards of ownership and management shall be met:
a) 
The Common Lands shall be separate and distinct lot(s) owned in common by all the landowners in the development. The deed to each house lot shall include a fractional interest in the Common Lands in an amount proportional to the number of house lots in the development. The deed shall also include all covenants, restrictions, or easements which shall be imposed upon the use, management, or maintenance of the Common Lands in order to provide for the necessary control and requisite upkeep of the Common Lands, including requirements for liability insurance.
b) 
The developer shall provide for and establish a homeowners' association which shall be responsible for the use, care, and maintenance of all Common Lands and any improvements thereon. Unless otherwise allowed by the Planning Board, membership in the homeowners' association shall be mandatory for all landowners within the Residential Open Space Development. The homeowners' association bylaws shall entitle the owner of each lot equal representation.
c) 
For the purposes herein, the applicant or his successors or assigns shall have the same rights and responsibilities as the owners of individual lots.
d) 
The Planning Board may permit the ownership of Common Lands by a public, quasi-public, or private non-profit organization qualified to maintain such Common Lands. In the event of the failure of a non-profit to maintain the Common Lands, ownership of the Common Lands shall revert to the homeowners' association.
9. 
Required certificates or documents. An applicant for a final plan approval of a Residential Open Space Development must submit, in addition to the materials required by Section 4 of this section and Article X of the Land Development and Subdivision Regulations,[5] the following certificates or documents for approval by the Planning Board:
a) 
A development agreement to be executed between the developer and the Town, to be recorded in the Land Evidence Records, stating:
(1) 
That the owner or developer will construct the development and install improvements both public and private in accordance with the approved plan. Surety shall be posted to guarantee completion and compliance.
(2) 
That in the event of a failure of the applicant, lot owners, successors, or assigns to maintain any Common Lands, community facilities, landscaping features, or other required improvements, the Town may enter the development to perform the necessary maintenance work and assess the cost, including attorney's fees, to the applicant, lot owners, successors, or assigns.
(3) 
That individual lot deeds will include an undivided proportional interest in the Common Lands; that the obligation for maintenance of Common Lands and improvements thereto shall be imposed upon the owners of the lots in the development; and that the Town will not be requested to accept or maintain any portion of Common Lands or improvements thereto.
(4) 
That every owner of a lot within such development shall be deemed a member of the homeowners' association.
(5) 
That the restrictions set forth in this agreement shall run with the property and be binding upon the applicant, lot owners, heirs, successors, assigns or other receivers of the development and shall constitute a lien on the property in the development.
(6) 
Any other conditions required by the Planning Board.
(7) 
That uses of the Common Lands shall be only those permitted by Section 7.e) of this section.
(8) 
That the development will meet all the requirements of this article.
b) 
A perpetual easement and covenant to the Town over the Common Lands, prohibiting further development and imposing use restrictions upon the Common Lands.
c) 
A sample deed which includes or refers to a recorded document which stipulates all covenants, restrictions, or easements which shall be imposed upon the use, management, or maintenance of the Common Lands in order to provide for the necessary control and requisite upkeep of the Common Land, including requirements for liability insurance, and which states that each housing lot shall include an undivided proportional interest in the Common Lands. If not owned by the lot owners, documents specifying ownership of the Common Lands.
d) 
A declaration and a legal description of easements, deed restrictions and/or covenants running with the land in the development, and an instrument conveying any easements required as a condition of approval, which shall be recorded in the Land Evidence Records.
e) 
Copies of any proposed management policies.
f) 
All other procedural requirements or supporting material set forth in the Land Development and Subdivision Regulations[6] not heretofore mentioned in this article, which are applicable to any Residential Open Space Development.
[6]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
g) 
The following disclosures to buyers are required and must be approved by the Planning Board prior to final approval:
(1) 
A sample purchase and sale agreement which shall be used for the purchase of individual lots and dwellings. Such agreement shall include in conspicuous type the following: That the property is part of a Residential Open Space Development subject to Article VIII of the Portsmouth Zoning Ordinance; that the purchaser and subsequent owners of the property are subject to the requirements therein contained, as well as any conditions set by the Planning Board, which shall be enumerated; that the purchaser and subsequent owners of the property shall be required to be a member of the Homeowners' Association, shall be subject to the rules and regulations of such association, and shall be liable for any applicable assessment made by or against such association. The purchase and sale agreement shall further contain a statement by the seller that purchaser has been provided with a copy of the rules and regulations of the Homeowners' Association, copies of any management policies, copies of restrictions or covenants running with the land in the development, and a prospectus which shall be a summarization in layman's terms of the information contained in other documents.
(2) 
Copies of the documents creating the Homeowners' Association, the bylaws and the rules and regulations of the Homeowners' Association, any management policies or proposed management policies, copies of any restrictions or covenants running with the land in the development and a prospectus which shall be a summarization in layman's terms of the information contained in filed documents.
[5]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
[Added 9-23-2003]
1. 
Purpose.
The purpose of this section is to provide a procedure for the evaluation and approval of integrated developments focused on planned employment uses, including industrial, light industrial, office and research and development uses, retail/service developments, marina and resort-style development, and addressing the particular needs of marine trade uses.
[Amended 10-27-2004;[1] 2-4-2008[2]]
The regulations are intended to foster developments which are compatible with surrounding areas and which incorporate buffers or transition areas to reduce potential negative impacts on single family residential areas. The regulations are intended to encourage a mixture of compatible uses to create a sustainable and attractive environment for a wide variety of trades and businesses. The regulations are intended to be flexible, to allow for innovative design techniques, accommodate unique land uses and encourage creative approaches to development issues.
A coordinated design approach with an emphasis on compatibility with the natural environment and surrounding land uses and the allowance of a sufficient mix of uses and accessory uses to create a self-contained or self-sustained development park is encouraged. Planning of a project and calculation of densities over the entire project rather than on an individual lot-by-lot basis is permitted. A coordinated design approach should:
[Amended 2-4-2008[3]]
Break up the apparent mass and scale of large structures, as well as large paved areas, in order to ensure that such development is compatible with and does not detract from Portsmouth's character, scale, and sense of place;
Help integrate large-scale development with its surroundings;
Promote and facilitate a safe and comfortable pedestrian scale environment;
Encourage a mixture of uses and sizes of structures; and
Reduce the visual impact of large areas of parking.
The regulations are intended to be flexible, to allow for innovative design techniques, accommodate unique land uses and encourage creative approaches to development issues. It is anticipated that public officials will have considerable involvement in determining the nature of the development through the development plan review process which will include consideration and application of aspects of both subdivision and zoning regulations.
[Added 2-4-2008]
Where the requirements of any part of this section may conflict with any other section, this section shall prevail.
[Added 2-4-2008]
[1]
Note: "and retail/service developments" added.
[2]
Note: "marina and resort-style development" added.
[3]
Note: Last sentence and bullets added.
2. 
Applicability and procedure.
a) 
Planned Unit Developments are permitted in Districts as set forth in Article V, and Article III Section K (redevelopment district) of this ordinance with the approval of, and subject to conditions and restrictions imposed by the Planning Board pursuant to this section.
[Amended 3-15-2010]
b) 
No Planned Unit Development shall be undertaken, nor shall any lots therein be sold, nor any portion of such development be constructed until a plan for such development has been approved by the Planning Board in accordance with the procedures established by:
(1) 
The Land Development and Subdivision Regulations of the Town of Portsmouth for Major Land Development and Major Subdivision Review.[4]
[4]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(2) 
Additional procedures and requirements set forth herein for Planned Unit Developments.
c) 
Compatibility and interrelation of uses within the Planned Unit Development and coordination of traffic, utilities, parking, storm water management, security, sewage disposal, storage, open space, infrastructure and other needs, as well as the entire development's impact on the surrounding area and roadways mandates that the development be considered in its entirety and approved, if appropriate, as a whole and developed as a whole. Phasing of construction may be permitted or required by the Planning Board.
d) 
In granting a planned unit development under this section the Planning Board shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Design Review Board, as well as to the Portsmouth Redevelopment Agency for proposals in the Redevelopment District, for review and advice, per the stipulations of Article XI. Development Plan Review. The Redevelopment District Performance Standards shall be used to help evaluate proposals in the Redevelopment District.
[Amended 2-4-2008; 3-15-2010]
e) 
"Performance Standards for Planned Unit Developments", adopted by the Planning Board, hereinafter referred to as "Performance Standards", shall be utilized, as applicable, for evaluating Planned Unit Development proposals. The Redevelopment District Performance Standards shall be used to help evaluate proposals in the Redevelopment District.
[Amended 9-19-2006]
3. 
Minimum land area.
a) 
A Planned Unit Development shall consist of not less than two hundred thousand square feet (200,000 ft.2), except Planned Retail/Service Developments which shall consist of not less than one hundred thousand square feet (100,000 ft.2) or eighty thousand square feet (80,000 ft.2) in the Town Center District, or twenty (20) acres in the Redevelopment District of developable land area which may be subdivided into lots as set forth in section 6 hereof.
[Amended 10-27-2004; 2-4-2008; 3-15-2010]
b) 
Once a planned unit development has been approved, all land area shown on the plan submitted as part of said development, including those designated as reserved for future development, shall be dedicated to the development and may not be withdrawn from said development plan or devoted to any other use without the express consent of the Planning Board. The Board may allow subsequent withdrawal of land from a development, after hearing, when such withdrawal will not violate the purpose and intent of this ordinance, impair the previously approved plan of coordinated development or deprive the public or the development of benefits or amenities in exchange for the provision of which the applicant was previously granted zoning incentives or modifications.
4. 
Uses.
a) 
Uses - generally.
[Added 9-19-2006]
(1) 
Uses are categorized as "permitted", "conditional", and "prohibited". (Consideration of "conditional" is similar to that for special use permits in zoning, but adds a requirement that the use fit the intent of the particular PUD.)
(2) 
Designation as a conditional use does not constitute an authorization or an assurance that such use will be permitted. Rather, each application for a conditional use shall be evaluated as to its internal consistency with the intent of the proposed PUD, its probable effect on the intent of said development, the adjacent property, the neighborhood, and on the community and may be approved or denied as the findings indicate appropriate.
(3) 
Nothing herein contained shall preclude the Planning Board from granting multiple conditional uses for a proposal or to condition the granting of one (1) or more conditional uses upon the implementation or completion of one portion of a project, a master plan for which is submitted at the time of the application for a planned unit development. (See also Article X. Special Conditions.)
(4) 
Items to be considered when granting a conditional use include, but are not limited to, the following:
(i) 
Conformance with the Performance Standards for Planned Unit Developments, and/or the Redevelopment District Performance Standards, as applicable.
(ii) 
The desired use will not be detrimental to the intent of the planned unit development or to the surrounding area;
(iii) 
It will be compatible with existing and proposed uses within the planned unit development, as well as neighboring land uses.
(iv) 
It will not create a nuisance or a hazard in the neighborhood.
(v) 
Adequate protection is afforded to the surrounding property by the use of open space and planting, or by decorative fencing, per the Performance Standards;
(vi) 
Safe vehicular access and adequate parking are provided;
(vii) 
Control of noise, smoke, odors, lighting and any other objectionable feature is provided;
(viii) 
Solar rights of the abutters are provided for;
(ix) 
The proposed conditional use will be in conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of the Town of Portsmouth, and/or the Redevelopment District Performance Standards, as applicable;
[Amended 3-15-2010]
(x) 
The health, safety and welfare of the community are protected.
(xi) 
It is consistent with the Purpose of Design Standards set forth in Article IX. Section D. and/or the Redevelopment District Performance Standards, as applicable.
(xii) 
Shared parking or joint use is encouraged, and for some uses required, where it is likely that occupants of a vehicle would visit more than one (1) use within a development before departing. The Planning Board may, at its option, waive certain requirements of Article IX. Section A.7.b), provided adequate parking is provided.
Applicant shall demonstrate how the development will utilize shared parking, including calculations, utilizing the parking requirements of Article IX, Section A.
(5) 
The Planning Board may, at its option, impose special conditions on any use, as further defined in Article X. Special Conditions, wherein for these purposes the term Planning Board is substituted for the term Zoning Board of Review.
b) 
Mixed uses.
(1) 
Nothing contained in this ordinance shall be construed to prevent or discourage the institution or maintenance of two (2) or more uses on any one (1) lot or within any one (1) building in a planned unit development and a mix of compatible uses are to be encouraged.
c) 
Planned corporate development.
(1) 
Notwithstanding any other provision of this ordinance, all office, management, regulatory and light industrial uses, (but excluding mass storage of fuel), are permitted in a Planned Corporate Development, including but not limited to:
(i) 
Manufacturing from previously prepared materials, of non-hazardous, finished products or parts and including processing, fabrication, assembly, treatment, packaging, sale or distribution, incidental storage of such products or parts and research and development, but excluding basic industrial processing, provided such use produces no noise, heat or glare perceptible at any lot line and emits no vibration, smoke, dust, dirt, toxic or offensive odors or gases.
(ii) 
Business, financial, or professional offices, medical, dental, psychiatric, or other health service offices or clinics, including laboratories.
(iii) 
Research and development facilities.
(iv) 
Radio, television, or recording studios.
(v) 
Antennas and communications towers.
(vi) 
Public or private utilities including telephone exchanges.
(vii) 
Printing, binding, publishing, graphic arts, and related trades.
(viii) 
Plumbing, electrical, carpentry shop or other similar service or repair establishment.
(ix) 
Day care center.
(x) 
Public or private trade schools, (but not those including vocational or trade skills in automotive, construction, metallurgical, chemical or similar industrial operations, operation of heavy equipment or vehicle repair).
(xi) 
Restaurants without drive through facilities provided that the gross floor area shall not exceed ten percent (10%) of the development's gross floor area.
(xii) 
Indoor entertainment and recreational facilities in a suitably sound insulated structure.
(xiii) 
Catering or food processing or preparation at wholesale.
(xiv) 
Wholesale storage in an enclosed and roofed structure.
d) 
Planned industrial development.
(1) 
Notwithstanding any other provision of this ordinance, all industrial uses, (but excluding mass storage of fuel), are permitted in a Planned Industrial Development, including but not limited to:
(i) 
Processing and manufacturing from raw or extracted materials, of non-hazardous finished or unfinished products or parts and including processing, compounding, stamping, fabrication, assembly, treatment, packaging, sale or distribution, and incidental inside storage of such products or parts.
(ii) 
Research and development facilities.
(iii) 
Business, financial or professional offices.
(iv) 
Public or private utilities including telephone exchanges.
(v) 
Printing, binding, publishing, graphic arts, and related trades.
(vi) 
Plumbing, electrical, carpentry shop, or other similar service or repair establishment.
(vii) 
Day care center as an accessory use serving employees of a businesses within the development.
(viii) 
Public or private trade schools offering vocational or trade skills including automotive, construction, metallurgical, chemical, or similar industrial operations, operation of heavy equipment or vehicle repair.
(ix) 
Restaurants without drive through facilities provided that gross floor area may not exceed ten percent (10%) of the development's gross floor area.
(x) 
Trucking terminals.
(xi) 
Antennas and communications towers.
(xii) 
Wholesale business and storage in an enclosed and roofed structure.
(xiii) 
Commercial parking structure.
(xiv) 
Bottling of beverages.
(xv) 
Laundries and dry cleaning plants.
(xvi) 
Paint and auto body shops provided all work is carried on within the building.
(xvii) 
Construction business and storage of construction equipment.
(xviii) 
Extractive industries and earth removal.
(xix) 
Ship building and repair.
e) 
Planned marine trade development.
(1) 
Notwithstanding any other provision of this ordinance all marine trade uses and multifamily residential uses subject to conditions and limitations prescribed herein, are permitted in a Planned Marine Trade Development, including but not limited to18:
(i) 
Design, manufacture, repair, renovation, or rebuilding of commercial, military, government or recreational boats.
(ii) 
Support industries for boat manufacture or repair, including the design, manufacture, repair, and installation of all boating systems and accessories.
(iii) 
Marinas and accessory uses thereto.
(iv) 
Stores for sale of marine supplies and associated items, including boats and trailers.
(v) 
Restaurants without drive through facilities, provided that gross floor area may not exceed ten percent (10%) of the development's gross floor area.
(vi) 
Commercial parking structures.
(vii) 
Research and development facilities.
(viii) 
Antennas and communications towers.
(ix) 
Storage in an enclosed and roofed structure.
(x) 
Outdoor storage of boats, and other equipment utilized in boat storage such as cradles, but not materials, parts, supplies, etc., unless such items are in the process of installation or other active use in the repair or service of boats.
(xi) 
Schools.
(xii) 
Day care centers.[5]
[5]
Note: Deleted 9-19-2006: “multi-family housing provided said residential component, including required parking, open space and amenities, shall not exceed 50% of the developable land area of the total development.
f) 
Planned Marina Village Development (PMVD).
[Added 9-19-2006]
(1) 
Proposed uses not listed below may be presented to the Planning Board for review. Such uses shall be evaluated by the Planning Board for similarity to below listed uses and consistency with the intent of the PUD. The Planning Board may approve or deny the proposed use, or may approve the proposed use subject to conditions.
(2) 
Permitted uses: The following uses are appropriate for the Planned Marina Village Development (PMVD) including:
(i) 
Marinas including sale of boats and related supplies, fueling and pumpout facilities, minor boat repair and servicing, with shared or joint use parking required.
(a) 
A marina is a required element of a PMVD, shall be of proportional size and integral to the land-side development, and shall be integrated and phased with the development as a whole.
(ii) 
Residential limited to condominiums, apartments, multi-family homes, and attached townhomes, provided that at least ten percent (10%) of all units within each phase of the development are "affordable" according to the terms of the Town's Low and Moderate Income Housing Plan. Such Affordable Units shall be provided by bedroom size in the same proportion as the applicable phase of the development. If provided for in this or another Town ordinance relating to low and moderate income housing, such units may be provided off-site or by payment in lieu of according to the terms of such ordinance.
(iii) 
Retail and service businesses not to exceed five thousand square feet (5,000 ft.2) each.
(iv) 
Restaurants not to exceed five thousand square feet (5,000 ft.2) each.
(v) 
Small offices and clinics with public service component encouraged on ground floor, not to exceed five thousand square feet (5,000 ft.2) each.
(vi) 
Civic uses; public services uses encouraged on ground floor.
(vii) 
Daycare centers.
(viii) 
Parks and other small scale public spaces.
(ix) 
Lodging such as hotels, bed and breakfasts, and spas.
(x) 
Short-term or seasonal storage outdoor storage of boats and boating equipment directly associated with the development, provided that proper screening from the street and adjacent properties is provided.
(xi) 
Active outdoor recreational facilities such as golf courses and tennis courts.
(xii) 
Yacht club, country club, and other recreational facilities and accessories.
(3) 
Conditional uses: The following uses may be allowed in a PMVD as conditional uses:
(i) 
Large scale retail and service businesses in excess of five thousand square feet (5,000 ft.2) each.
(ii) 
Large scale Office - second floor and above only, in excess of five thousand square feet (5,000 ft.2) each.
(iii) 
Places of worship and assembly with shared or joint use parking required.
(iv) 
Large Scale institutional uses (public service uses only) in excess of five thousand square feet (5,000 ft.2) each.
(v) 
Laboratories and medical research as a principal use (not allowed on ground floor).
(vi) 
Short-term open storage of boats and other equipment utilized in boat storage that is not directly associated with the marina.
(vii) 
Commercial parking structures.
(viii) 
Restaurants in excess of five thousand square feet (5,000 ft.2) each, shared or joint parking required.
(ix) 
Drive through facilities as an accessory to a primary use.
(x) 
Storage in an enclosed and roofed structure.
(xi) 
Antennas and communication towers.
(xii) 
Single family detached units, limited to ten percent (10%) of the total units in the development.
(4) 
Prohibited uses: The following uses are not allowed within a PMVD:
(i) 
Automotive uses including gas stations, auto sales, open storage, parts or maintenance, or car wash.
(ii) 
Self Storage or Long-term storage facilities.
(iii) 
Outdoor storage, except as provided in permitted and conditional uses above.
(iv) 
Kennels (exterior yards).
(v) 
Food manufacturing or processing except that consumed on site.
(vi) 
Manufacturing and Industrial uses.
(vii) 
Major boat repair, boat painting facilities and other operations causing cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke or vapor.
(viii) 
Free-standing drive through facilities.
g) 
Planned Resort Development (PRD).
[Added 9-19-2006]
(1) 
Proposed uses not so listed below may be presented to the Planning Board for review. Such uses shall be evaluated by the Planning Board for similarity to below listed uses and consistency with the intent of the PUD. The Planning Board may approve or deny the proposed use, or may approve the proposed use subject to conditions.
(2) 
Permitted uses: The following uses are appropriate for the Planned Resort Development (PRD) including:
(i) 
Retail and service businesses not to exceed five thousand square feet (5,000 ft.2) each.
(ii) 
Restaurants not to exceed five thousand square feet (5,000 ft.2) each.
(iii) 
Civic uses; public services uses encouraged on ground floor.
(iv) 
Daycare centers.
(v) 
Residential including single-family dwellings, condominiums, apartments, multi-family homes, and attached townhomes.
(vi) 
Parks and other small scale public spaces.
(vii) 
Lodging such as hotels, bed and breakfasts, and spas.
(viii) 
Short-term or seasonal storage outdoor storage of boats and boating equipment directly associated with the development, provided that proper screening from the street and adjacent properties is provided.
(ix) 
Active outdoor/indoor recreational facilities such as golf courses and tennis courts.
(x) 
Yacht club, country club, and other recreational facilities and accessories.
(3) 
Conditional uses: The following uses may be allowed in a PRD as conditional uses:
(i) 
Marinas including sale of boats and related supplies, fueling and pumpout facilities, minor boat repair and servicing, shared or joint parking required.
(ii) 
Places of worship and assembly, with shared or joint use parking required.
(iii) 
Commercial parking structures.
(iv) 
Restaurants in excess of five thousand square feet (5,000 ft.2) each, shared or joint parking required.
(v) 
Drive through facilities as an accessory to a primary use.
(vi) 
Storage in an enclosed and roofed structure.
(vii) 
Antennas and communication towers.
(viii) 
Satellite parking facilities.
(4) 
Prohibited uses: The following uses are not allowed within a PRD:
(i) 
Automotive uses including gas stations, auto sales, open storage, parts or maintenance, or car wash.
(ii) 
Self Storage or Long-term storage facilities.
(iii) 
Outdoor storage, except as provided in permitted and conditional uses above.
(iv) 
Kennels (exterior yards).
(v) 
Food manufacturing or processing except that consumed on site.
(vi) 
Manufacturing and Industrial uses.
(vii) 
Large Scale office uses in excess of five thousand square feet (5,000 ft.2) each.
(viii) 
Large Scale institutional uses in excess of five thousand square feet (5,000 ft.2) each.
(ix) 
Laboratories and medical research.
(x) 
Major boat repair, boat painting facilities and other operations causing cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke or vapor.
(xi) 
Free-standing drive through facilities.
h) 
Planned retail/service development.
[Amended 10-27-2004[6]]
(1) 
Retail business and consumers services.
(2) 
Business, financial, or professional offices, medical, dental, psychiatric, or other health service offices or clinics, including laboratories.
(3) 
Radio, television, or recording studios.
(4) 
Printing, binding, publishing, graphic arts and related trades.
(5) 
Plumbing, electrical, or carpentry shop, or other similar service or repair establishment.
(6) 
Day care Center.
(7) 
Public or private trade schools, (but not those including vocational or trade skills in automotive, construction, metallurgical, chemical or similar industrial operations, operation of heavy equipment or vehicle repair).
(8) 
Restaurants.
(9) 
Indoor entertainment and recreational facilities in a suitably sound insulated structure.
(10) 
Catering or food processing or preparation.
(11) 
Stores for sale of marine supplies and associated items, including boats and trailers.
(12) 
Commercial parking structure.
(13) 
Schools.
(14) 
Multi-family housing provided said residential component, including required parking, open space and amenities, shall not exceed thirty-five percent (35%) of the developable land area of the total development.
[Amended 7-14-2003]
(i) 
Except that, in the Redevelopment District, multi-family housing shall not exceed twenty-five percent (25%) of the developable land; of which at least ten percent (10%) must be affordable Low and Moderate Income Housing.
[Added 3-15-2010]
(15) 
In the Town Center District, the more restrictive of the above list of uses and the uses permitted in Article V under TC shall apply.
[Added 10-27-2004]
[6]
Note: “research and development facilities” and “antennas and communications towers” deleted 10-27-2004.
5. 
Submission requirements. In addition to the submissions required as part of a major subdivision, the following submissions are required:
a) 
At the time of the master plan application, the applicant shall include the following on the plan or in the supporting materials:
(1) 
Location, proposed size and height of all buildings;
(2) 
Proposed general use category of each lot, building or portion thereof, i.e. office, manufacturing, retail, residential, public, semi public, light industrial, industrial, etc.;
(3) 
General parking plan including arrangements for shared parking or parking removed from the building to be served;
(4) 
Arrangements or reservations for expansion onto or connection to adjoining properties, including utility and facility connections, traffic connections, etc.;
(5) 
Designation of all areas reserved for future development;
(6) 
All areas proposed to be reserved for open space or recreation;
(7) 
A description of all zoning incentives and/or modifications sought and justifications therefor.
b) 
At the time of the preliminary plan application the applicant shall include the following on the plan or in the supporting materials:
(1) 
Building elevations and preliminary general layout of building interiors;
(2) 
Location and number of proposed parking spaces with calculations of parking needs as set forth in Article IX hereof;
(3) 
Location of all vehicular and pedestrian ways, designation of private and public ways and provisions for use and maintenance of all private ways;
(4) 
As to residential units, building and site plans conforming to the requirements of Article VII, Section C.9.c);
(5) 
As to retail and service developments, building and site plans conforming to the requirements of Article VII, Section G.9.c). (amended 2003-07-14);
(6) 
For each lot or building, a schematic setting forth total land area, frontage, lot coverages by impervious surface and buildings, building height and setbacks, available parking and loading areas with contrast to allowed maximum and minimum requirements.
(7) 
For Planned Retail/Service Development proposals, submissions shall also include those items shown in Article IX. Section D. Design Review Standards, and/or the Redevelopment District Performance Standards, as applicable.
[Amended 10-27-2004; 3-15-2010]
6. 
Development/performance standards.
a) 
General intensity regulations.[7]
Min. lot size
Min. frontage*
Min. front setback
Min. side setback
Min. rear setback
Max. Lot/ Bldg coverage
Max. Bldg. height
PID
40,000
200
60
30
50
40%
40'**
PCD
40,000
200
50
30
50
40%
40'**
PMTD
30,000
110
30
20
30
40%
40'**
PMVD
20,000
110
30
15
20
50%
40'***
PRD
20,000
110
30
15
20
50%
40'
PRSD
20,000
110
30
25
30
25%
35'
PRSD in TC zone
[Added 2-4-2008]
20,000
110'
5'
15'
20'
35%
35'
Maximum Building, parking and travelway coverage: seventy percent (70%) eighty-five percent (85%) in the Town Center District (same as Special Use Permit)
[Added 2-4-2008]
*
Frontage may be on private streets approved pursuant to section 6.B.1)(e) hereof. Frontage on any street may be waived in its entirety in special circumstances in which provision of such frontage would result in an inefficient use of land or development resources without countervailing benefit to the public or development and adequate vehicular and pedestrian circulation, off street parking and loading and perpetual routine and emergency access are provided.
**
In Planned Marine Trade Developments, if the applicant demonstrates a functional need for additional height the maximum height limit shall be sixty feet (60'). Notwithstanding that provision however, in all districts the maximum height limit for any structure containing a residential dwelling unit shall be thirty-five feet (35').
***
In Planned Marina Village Developments
[Added 9-19-2006]
In order to encourage smart growth and sustainable development patterns integrating architectural and design interest in Planned Marina Village Developments, the maximum height of residential or mixed use structures may be increased to sixty feet (60') to include a maximum of four (4) stories of residential and/or commercial use plus one (1) story of parking, provided that the following objectives as defined in the Portsmouth Comprehensive Community Plan, West Side element are met:
Connectivity with transit and alternate transportation modes;
Mixed Use Development;
Maximize preservation of coastal vistas and open space areas;
Maximize public recreation and coastal access
At least ten percent (10%) affordable Low and Moderate Income Housing is provided per the provisions of Section D.4.f) above.
Shared Use Parking;
Public infrastructure improvements;
Remediation and reuse/redevelopment of former underutilized and/or environmentally challenged sites.
In Planned Marine Trade Developments and Planned Retail/Service Developments (amended 2003-07-14) the minimum developable land area per unit for multi family housing shall be:
Served by onsite sewer system effluent discharged into an on site absorption field
Served by sewer system plant or public sewer system with effluent discharged into an off-site absorption field
1 bedroom**
10,000 square feet
7,500 square feet
2 bedroom**
16,000 square feet
11,000 square feet
3 bedroom**
20,000 square feet
15,000 square feet
Each additional bedroom**
6,000 square feet
4,000 square feet
**
Any room in excess of sixty-nine square feet (69 ft.2), such as a den, playroom, study, library, etc. is to be considered a bedroom for the purposes of this section
In Planned Marina Village Developments (PMVD) the minimum developable land area per residential units shall be thirty (30) units per acre.
[Added 9-19-2006]
In Planned Resort Developments (PRD) the minimum developable land area per residential unit shall be two (2) units per acre.
[Added 9-19-2006]
*Shown for reference purposes:
PID = Planned Industrial Development
PCD = Planned Corporate Development
PMTD = Planned Marine Trade Development
PMVD = Planned Marina Village Development
PRD = Planned Resort Development
PRSD = Planned Retail/Service Development
PRSD in Town Center Zone corrects an earlier omission.
(1) 
The Board shall have the power to modify the above provisions to a degree not to exceed ten percent (10%) in the event the Board finds that granting such modification allows the applicant to provide other amenities or features in furtherance of the purposes and intent of this section such as, but not limited to, preservation of existing trees, groves, water bodies or scenic points; public access to the coastline, coordinated access to utilities, facilities and roadways by neighboring property owners, or protection of proximate residential areas or, if necessary, to accommodate the particular need of a use allowed hereunder.
(2) 
In all districts, off-street parking provided and maintained as paved/impervious surface shall be counted as part of the allowable lot coverage as defined and specified herein and in Articles IV of these regulations.
[Added 2-4-2008]
(3) 
Parking areas composed of pervious surfaces are encouraged for all land uses and lots, unless there are overriding environmental limitations, and may be provided to meet part of any required parking spaces on a lot. Twenty percent (20%) of such pervious surfaces which provide for grass surface shall be counted as part of the overall allowable lot coverage; otherwise sixty percent (60%) of such pervious surfaces shall be counted.
[Added 2-4-2008]
(i) 
Pervious surfaces shall not be used in travel lanes, fire lanes, or within sixty feet (60') [two (2) parking lanes plus aisle] of any building except for employee parking.
(4) 
Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include:
[Added 2-4-2008]
Provide pervious parking stall surfaces
Provide pervious overflow parking
Provide pervious snow-storage space
Conserve existing natural areas, including trees on-site
Minimize clearing to the extent practicable while retaining access, sight distances, and safe vehicle flows.
Minimum side and rear building setbacks for a Planned Retail/Service Development not in the Town Center Zone may be increased by the Planning Board for developments that abut residential zones and contain any building greater than twenty-five thousand SF (25,000 ft.2) gross area. Increase in such setbacks shall be intended to mitigate negative impacts on abutting properties, and shall be based upon:
[Added 2-4-2008]
1.
Size and intensity of proposed use;
2.
Relative topography of the proposed development to adjacent residential development;
3.
Placement of parking, loading and service areas;
4.
Landscaped and/or solid screening.
In no case may the minimum distance between any principal building in a PUD and the nearest lot line of an adjacent parcel outside the PUD and located in a residential district, be less than the rear yard setback required in Article IV. for the respective, adjacent residential district.
[7]
Note: Table revised to include PMVD and PRD adopted September 19, 2006.
b) 
Design and layout.
(1) 
Streets and ways.
(i) 
Arrangement - arrangement of buildings should provide more economy of roads and internal parking than normally associated with conventional development. All streets and ways, public and private, shall be coordinated with each other and designed and laid out in accordance with the appropriate requirements and specifications contained in Article X, Section D of the Town of Portsmouth Land Development and Subdivision Regulations.[8]
[8]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(ii) 
Public streets and ways - all streets which are intended or required to be dedicated to the Town of Portsmouth as public streets shall be constructed in accordance with Article X, Section E of the requirements and specifications contained in the Town of Portsmouth Land Development and Subdivision Regulations.[9]
[9]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(iii) 
Private streets and ways - All streets and ways which are intended to remain under the control of private entities shall be constructed in accordance with the requirements and specifications contained in Article X. Section E. of the Town of Portsmouth Land Development and Subdivision Regulations.[10]
[10]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(iv) 
Standards of design and construction for roadways, either public or private, within a planned unit development may be modified as deemed appropriate by the Planning Board, (including the reduction of right of way and roadway widths). In considering an application to modify standards the Board shall take into consideration the particular natural characteristics of each site, the existence of other design factors such as the separation of pedestrian and vehicular circulation patterns and the location and adequacy of off-street parking and loading facilities and the impact of any modification on circulation, safety, maintenance, storm water drainage. The Board shall consult with the Fire Department, Police Department, and Public Works Department, and if, after such consultation, the Planning Board finds that the design of the proposed streets and common vehicular ways is adequate to protect the public health, safety and welfare and will promote the purposes and intent of this ordinance, the Board may modify such standards.
(v) 
Private streets and ways may only be approved upon the submission of instruments granting the appropriate occupants of the development and state and municipal government and regulatory agencies satisfactory access over and across said streets and ways and setting forth the responsibilities of the occupants or owners of the development or development association or management committee, if any, regarding maintenance, repair and control of said streets and ways and the arrangements for financing same, and setting forth the rights of public and private utilities and the Town of Portsmouth. Notwithstanding the provisions hereof, the Board may require any particular street or way within the development to be dedicated to the public if such dedication is deemed necessary to allow safe and convenient access to neighboring parcels.
(2) 
Parking areas.
(i) 
Parking areas shall be designed in accordance with the requirements and specifications contained in the Town of Portsmouth Land Development and Subdivision Regulations[11] and shall conform to the requirements of Article IX, Section A of this ordinance.
[11]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(ii) 
The Planning Board may allow satellite parking on lots other than lots abutting the lot to be served and may allow shared parking or either shared or satellite parking and allow such modification to the provisions of Article IX as it may deem appropriate without Board of Review approval.
(3) 
Storm water management.
(i) 
Storm water management and drainage plans and facilities shall be designed and installed in accordance with the requirements of Article X, Section F, of the Town of Portsmouth Land Development and Subdivision Regulations[12] and said plans and facilities shall be evaluated and approved or disapproved in accordance with the criteria set forth therein.
[12]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
(4) 
Utilities.
(i) 
Utilities shall be provided, located, and installed in accordance with the requirements of Article X, Section H, of the Portsmouth Land Development and Subdivision Regulations,[13] as said requirement may need to be modified to allow for the installation and utilization of private streets and ways.
[13]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
c) 
Site design criteria.
(1) 
Generally - arrangement of buildings should provide more economy of roads and internal parking than normally associated with conventional development. Buildings and structures shall be located with consideration given to the topography of the development and shall be adapted to the terrain, the size and shape of the lot, the character of adjoining properties and existing structures in the immediate vicinity which have a visual relationship with the development. Environmentally sensitive areas shall be avoided and neighboring properties shall be buffered from objectionable features. Factors such as drainage, noise, odor, and the character of surrounding properties shall be considered in location of buildings and structures. All buildings shall be set back a minimum of fifty-five feet (55') from the centerline of any interior way, provided that such restriction shall not apply to PMTD or PRSD (amended 2003-07-14) and building in those developments shall be set back from the centerline such distance as the Planning Board may determine is necessary and prudent for installation and access to utilities and the maintenance of safe vehicular and pedestrian traffic patterns, taking into consideration the nature of the interior way and surrounding buildings and improvements. In no case may the minimum distance between any principal building in a PUD and the nearest lot line of an adjacent parcel outside the PUD and located in a residential district, be less than the rear yard setback required in the respective, adjacent residential district. The Board may not grant modifications or waivers of this requirement.
(2) 
Nothing in this ordinance shall be construed to prevent or discourage the erection or maintenance of two (2) or more buildings on any one (1) lot in a planned unit development, notwithstanding the fact that both of said buildings are of such character, size or use that they would otherwise be characterized as "principal buildings" under other provisions of this ordinance.
(3) 
To the extent reasonably possible, structures within the development shall be compatible in architectural characteristics such as proportion, scale, roofline, general style, patterns, and proportion of windows and architectural details and features.
(4) 
Building materials shall be compatible to neighboring sites and structures. A finished texture, pattern, or a quality of detailing shall be depicted on plans for all proposed building materials.
(5) 
Uses and structures shall be dispersed throughout the development so that the uses which are least intensive in terms of noise, traffic, odor, hours of operation, etc., and those uses that by their nature may be conducted in structures that are more architecturally compatible with surrounding properties shall be located on the perimeter of the development. Those uses which are most intensive in terms of noise, smoke, odor, vibration or traffic or possess other potentially objectionable features and those uses which by their nature require buildings, and structures of a more standard industrial design, shall be confined to the interior of the development or to an area of the development abutting similar uses on abutting properties.
(6) 
The Board may require the reservation or dedication of easements for the benefit of land reserved for future development or land outside the development to allow those parcels to enjoy access to waterways, rail lines, highways, utility lines and facilities where such reservation or dedication is reasonably necessary to allow the coordinated, efficient and beneficial development and use of such properties and does not severely impair the value of the development or hinder the development or use of the subject parcel. Reservation or dedication of such areas may be cause for grant of modification or incentives pursuant to section 8 hereof.
(7) 
Parking in the front yard or in view of properties outside the development shall be discouraged and may be denied. Consolidated curb cuts for access to the development or to secondary roads within the development are encouraged and may be required by the Board.
(8) 
In a Planned Corporate Development and Planned Retail/Service Development (amended 2003-07-14) all areas not covered by buildings/structures, parking, and travel, areas shall be landscaped with grass, trees, shrubs, flowers, or ground cover indigenous to the area. Along the length of the front wall of each principal building there shall be a landscaped area with bushes, shrubs, or flowers indigenous to the area.
(9) 
Any outdoor storage allowed in a Planned Corporate Development and Planned Retail/Service Development (amended 2003-07-14) shall be screened from view by an opaque screen architecturally compatible with the principal structure. After consideration of factors such as the use, topography, natural or proposed vegetation and the nature of surrounding property, the Board may require such screening in any Planned Unit Development.
(10) 
In any PID, PCD, or PRSD not in the Town Center District, where any facade of any building over twenty-five thousand SF (25,000 ft.2) faces any adjacent residential parcel 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 as well as type and locations of plantings shall be designed by a registered landscape architect or certified arborist, and shall be designed to create an effective visual screen from said residential use. Depending upon the size and nature of the development, the 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 the Board.
[Added 2-4-2008]
(11) 
Planned Retail/Service Developments shall adhere to the requirements of Article VII. Section G. Planned Retail/Service Development. In case of conflict, this section shall prevail, but in no case shall the standards herein be less stringent than that section.
[Added 2-4-2008]
d) 
Traffic impact. Subparagraph d) is applicable to PRSD only.
[Added 2-4-2008]
(1) 
The principal vehicular access to the site shall be directly from an arterial street. The Board may waive this requirement if there is no reasonable alternative or it is deemed advantageous to the Town, and a traffic impact study demonstrates that the Level of Service on collector road or residential street(s) serving as the principal access will not be reduced below level C weekdays 7-9 AM or 4-6 PM, or Saturdays noon to 5:00 PM.
(2) 
Vehicle access shall be designed to accommodate peak on-site traffic volumes to minimize traffic impact on public streets and maximize pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices.
(3) 
The site design shall provide, or make provisions for, direct connections to adjacent land uses in locations used or likely to be used for parking unless expressly waived by the Board.
(4) 
For proposed retail developments with greater than twenty-five thousand SF (25,000 ft.2) of gross floor area of the first floor, the Board may, at its option and at the expense of the applicant, employ a transportation planner or transportation engineer to determine the traffic impact of the proposed development through a traffic impact analysis using the Institute of Transportation Engineers' trip generation guidelines. In no instance may a proposed development reduce 1) the existing Level of Service on the adjacent arterial road, or 2) below Level C on the nearest non-arterial through streets weekdays 7-9 AM or 4-6 PM, or Saturdays noon to 5:00 PM.
7. 
Inspections and construction or improvement guarantees. The provisions of Sections N, O, P, and Q of Article X of the Land Development and Subdivision Regulations of the Town of Portsmouth[14] shall be applicable to all improvements for which the Town will ultimately assume the responsibility for maintenance or operation including, but not limited to, public roads and drainage facilities. The Planning Board, in its judgment, may require inspections and approvals and impose the fees associated therewith, pursuant to Sections N, O and Q of Article X, for any private improvement which could detrimentally impact the operation or useful life of any public improvements, if not properly installed or maintained.
[14]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
8. 
Incentives and modifications. In addition to the modifications allowed pursuant to Section 6.a) hereof the Board shall further be empowered to modify or vary any provisions hereof upon a finding that such variance or modification will be conducive to an integrated development, will not be inimical to public health, safety and welfare, and that the applicant is establishing an amenity or feature of significant value to the Town and/or general public, such as, but not limited to, public open space, public recreational facilities, access to the coastline, accommodation for mass transportation, or the like.
9. 
Ownership and control. Prior to approval, the applicant must designate an entity, whether a management or condominium association, fee simple owner, partnership, corporation or other entity which will have direct control and responsibility for the installation and maintenance of all common areas such as parking facilities, private roadways, open space, buffer strips, and utilities, joint storm water and/or wastewater facilities and public facilities. Applicant must submit for approval documents which govern the existence and operation of such entity, vest management rights in such entity and set forth the procedure, if any, for substitution of any party for such entity.
10. 
Changes to plan.
a) 
Proposed changes to an approved PUD shall be considered in accordance with Portsmouth Subdivision Regulations Article XIII. Section G.[15]
[15]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
b) 
In addition, the basis for acceptance of a proposed change shall include a finding that the public benefits and mitigation provided improves or remains equal to those originally approved, and that the change in the approved building and development program is sustainable and retains the character of the original concept. The Planning Board shall have the authority to declare that proposed changes, taken as a whole, are a significant departure from the original approval and constitute a new proposal.
11. 
Procedure and decision.
The Planning Board shall conduct public hearings on the application in accordance with the procedures established by the Portsmouth Land Development and Subdivision Regulations for Major Land Development and Major Subdivision Review[16] regardless of whether the project constitutes a subdivision. The Board may require a personal inspection of the site by some or all Board members as a condition of Master Plan approval or at any time prior to final approval. During the course of said hearings the Board may require the applicant to produce, at applicant's sole cost and expense, such further information, plans, studies or data not specifically required by this ordinance or the Board's regulations if the Board deems such information or data is reasonably necessary to enable the Board to make the determinations with which it is charged hereunder. In the event the Board determines that independent, professional expertise is necessary to ensure proper and thorough investigation of the project or interpretation of data, plans, information or studies provided by applicant that the Board may engage the services of such expert.
The Planning Board, may, at its discretion, establish a Technical Review Committee to conduct technical reviews of specific applications subject to their jurisdiction on an as-needed basis. This committee shall operate per the provisions of the Subdivision Regulations, Article XII, Section B.
[Added 9-19-2006]
At the conclusion of said hearings, the Board may approve said application, deny the application, approve the application in part and deny the application in part or approve it with modifications and/or subject to conditions and restrictions. In the course of granting any approval, the Board shall have the power to restrict or limit the potential uses of land within the development which the application designates as reserved for future development.
The Board shall approve a planned unit development as defined herein if, after the review provided for herein, it finds:
a) 
That the development promotes the efficient use of land by providing a well coordinated and integrated development arrangement capable of accommodating varied but compatible land uses within the development and does not create any lot unsuitable for development except those reserved or dedicated to open space.
b) 
That any adverse impacts to surrounding properties shall be mitigated by use of appropriate design techniques, open space, screening, etc.
c) 
That the development as proposed complies with the standards and provisions of the zoning ordinance, except as the same are specifically modified by the Board.
d) 
That there will be no significant, negative environmental impacts from the proposed development as shown on the plan with all conditions for approval.
e) 
That the proposed development and its location are consistent with the Portsmouth Comprehensive Community Plan.
[16]
Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.
12. 
Development agreement.
[Added 9-19-2006]
Within sixty (60) days of approval by the Planning Board, or such further time as granted by the Planning Board, the parties shall enter into a Development Agreement which shall include agreements on phasing of the development and/or major portions of the development, including any provisions, as applicable, whereby Applicant agrees to provide certain benefits within the development or off-site that contribute to public infrastructure beyond those needed for the development, public capital facilities, land dedication and/or preservation, affordable housing, community or recreational facilities, or any other benefit intended to serve the proposed development or the Town.
 
Development agreements shall be issued in a form suitable for recording in the Portsmouth Land Evidence Records and, upon approval of the Town Solicitor and the Planning Board, shall record the development agreement therein. The applicant shall bear the expense of recording.
 
Said Development Agreement may, at the option of the Planning Board, grant to the Town the right of self-help for the Town to complete public infrastructure and/or other agreed upon improvements on or off-site that are designed to protect adjacent properties, mitigate traffic, or provide other public benefit or protections, together with lien rights as provided under RIGL Chapter 34-28 with respect to all work or improvements performed by or on behalf of the Town. The Planning Board may also require the Applicant to provide the Town with a surety bond, irrevocable letter of credit, escrow account or other security in the form and amount the Planning Board deems necessary to guarantee the full performance of the Applicant's obligations under the Development Agreement.
[Added 2-4-2008]
a) 
The Development Agreement shall contain a clause defining the duration of the Development Agreement.
b) 
The Development Agreement shall contain a clause providing that should any building greater than twenty-five thousand SF (25,000 ft.2) in area become vacant, it shall be maintained on the exterior as if it is occupied, including such activities as cleaning the windows regularly.
c) 
The Development Agreement shall contain a clause requiring landscaping to be continuously maintained. It shall provide: that vegetation planted in accordance with an approved site plan shall be maintained by the owner, any heir, or assignee; plants or trees that die or are damaged shall be replaced within thirty (30) days; and that such replacement landscaping shall be equivalent in species and size to the original landscaping, or with another acceptable replanting plan.
d) 
The Tax Assessor shall review the development agreement prior to execution in order to ensure that it is clear who is responsible for payment of property taxes on commonly held or shared ownership property.
[Added 3-15-2010]