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;

Facilitate the economical and efficient provision of necessary public streets and utilities, community facilities, recreation, and open space;

Encourage the development of harmonious, efficient, and convenient living environments and communities.

The Land Development and Subdivision Regulations for Major Land Development and Major Subdivision Review.[1]

The additional requirements for Residential Open Space Developments established in this article.

The location of all developable land, as defined in Article IV, Section A, Subparagraph 4 of this ordinance, on the parcel; and

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.

The location of all areas of undevelopable land on the parcel;

The location of all unique features and sensitive natural areas, as defined in Section 7 of this section;

The general location and area of all proposed open spaces;

The general proposed use(s) of the open space;

Existing ground cover of open space areas;

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;

Generalized proposals for the regrading, revegetating, and/or landscaping of proposed disturbed areas;

The location of areas proposed to be left in their existing natural states without any disturbance;

The location of significant views into and/or out of the site.

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.

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.

The location of access points to Common Lands, as required by Section 7.d) of this section.

More detailed specifications of the Open Space Use Plan required at the time of Master Plan Review, including:

Unique and/or fragile areas, including freshwater wetlands and coastal features;

Significant trees or stands of trees, or other vegetative species that are rare to the area or are of particular horticultural or landscape value;

Lands in the flood plain, as defined in Article II of the Land Development and Subdivision Regulations;

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;

Habitats of endangered wildlife, as identified on applicable federal or state lists;

Historically significant structures and sites, as listed on federal or state lists of historic places;

Agricultural lands;

Timber production lands;

Vegetated and/or forested buffers protecting sensitive environmental features.

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]

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.

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.

"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.

"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.

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:

Total open space in a Residential Open Space Development shall not be less than one (1) acre.

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.

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.

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.

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.

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.

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.)

A minimal number of narrow strips of not less than twenty-five feet (25') in width of Common Lands shall be permitted only as:

Reasonable access to open space shall be made readily available to residents of the Residential Open Space Development.

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.

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.

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.

Any change of the proposed Common Lands uses must be approved by the Zoning Board of Review as a Special Use Permit.

As a general principle, Common Lands not developed for community facilities should be left in their natural state.

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.

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]

The Planning Board may require the installation of any of the community facilities permitted in Subparagraph g of this section.

The Planning Board may allow improvements for agricultural uses, provided that ecologically sensitive land, drainage facilities, and other public improvements remain undisturbed and protected.

Community facilities to be constructed by the applicant shall be submitted as part of the overall Residential Open Space Development plan.

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.

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.

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.

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:

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:

The Common Lands will not be further subdivided or developed in the future;

The Common Lands will remain open space;

Appropriate provisions will be made for the maintenance of the Common Land; and

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.

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.

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.

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.

That every owner of a lot within such development shall be deemed a member of the homeowners' association.

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.

Any other conditions required by the Planning Board.

That uses of the Common Lands shall be only those permitted by Section 7.e) of this section.

That the development will meet all the requirements of this article.

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.

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.

The Land Development and Subdivision Regulations of the Town of Portsmouth for Major Land Development and Major Subdivision Review.[4]

Additional procedures and requirements set forth herein for Planned Unit Developments.

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.)

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.

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.)

Items to be considered when granting a conditional use include, but are not limited to, the following:

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.

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.

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:

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:

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:

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.

Permitted uses: The following uses are appropriate for the Planned Marina Village Development (PMVD) including:

Conditional uses: The following uses may be allowed in a PMVD as conditional uses:

Prohibited uses: The following uses are not allowed within a PMVD:

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.

Permitted uses: The following uses are appropriate for the Planned Resort Development (PRD) including:

Conditional uses: The following uses may be allowed in a PRD as conditional uses:

Prohibited uses: The following uses are not allowed within a PRD:

Retail business and consumers services.

Business, financial, or professional offices, medical, dental, psychiatric, or other health service offices or clinics, including laboratories.

Radio, television, or recording studios.

Printing, binding, publishing, graphic arts and related trades.

Plumbing, electrical, or carpentry shop, or other similar service or repair establishment.

Day care Center.

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).

Restaurants.

Indoor entertainment and recreational facilities in a suitably sound insulated structure.

Catering or food processing or preparation.

Stores for sale of marine supplies and associated items, including boats and trailers.

Commercial parking structure.

Schools.

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.

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.

Location, proposed size and height of all buildings;

Proposed general use category of each lot, building or portion thereof, i.e. office, manufacturing, retail, residential, public, semi public, light industrial, industrial, etc.;

General parking plan including arrangements for shared parking or parking removed from the building to be served;

Arrangements or reservations for expansion onto or connection to adjoining properties, including utility and facility connections, traffic connections, etc.;

Designation of all areas reserved for future development;

All areas proposed to be reserved for open space or recreation;

A description of all zoning incentives and/or modifications sought and justifications therefor.

Building elevations and preliminary general layout of building interiors;

Location and number of proposed parking spaces with calculations of parking needs as set forth in Article IX hereof;

Location of all vehicular and pedestrian ways, designation of private and public ways and provisions for use and maintenance of all private ways;

As to residential units, building and site plans conforming to the requirements of Article VII, Section C.9.c);

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);

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.

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.

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.

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.

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.

Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include:

Utilities.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.