District boundaries and descriptions

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

MAP 51 - LOTS: 53, 55, 55A

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

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

MAP 61 - LOTS: 1, 3, 5

MAP 63 - LOT: 1.

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Along the entire westerly boundary, and

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

4. That all work be performed within the building.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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