Town of Portsmouth
Town of Portsmouth Zoning Ordinance
§ IV-D

Height and yard modifications

  • 1. Height restrictions may be waived by the Board of Review for office buildings, Planned Unit Developments and motels subject to the following conditions:

    [Amended 10-27-2004]

    Town CenterAll Other Districts
    Minimum land area2 acres5 acres
    Minimum frontage110 feet300 feet
    Minimum yard depths in addition to required yard depths; one foot (1') for each foot of height in excess of maximum allowed as a matter of right for the zoning district in which it is located.
    Except fifty feet (50') when abutting a residential zone, and screening shall be provided.

    Note: TC-C (Town Center Commercial) adopted for Planned Unit Developments per the provisions of Article VIII adopted 10-27-2004.

  • 2. The following structures or parts of structures, when accessory to a permitted or special use permit principal use may be permitted above the maximum height limitations set forth herein, provided they meet all other rear lot, side lot and front lot requirements of this Ordinance:

    Flagpoles, chimneys, radio masts, television antennas, water towers, skylights and other necessary features appurtenant to buildings which are usually carried above roofs and are not intended for human occupancy.

    • a) Wireless or broadcasting towers are not excepted herein, but are subject to a special use permit. (See also Article VII. Section E. for antennas over thirty-five feet (35') in height.)
  • 3. Structures other than those listed in the paragraph above, may exceed the height limitation provided only upon the granting of a dimensional variance by the Zoning Board of Review.
  • 4. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot: duplex dwellings and townhouse dwellings.
  • 5. Irregular shaped lots are to receive special consideration by the Board in that lot frontage may be determined at a depth of thirty feet (30') radially opposite and concentric with the front boundary, providing that the front boundary line is not less than seventy-five feet (75') in length. This thirty foot (30') strip is to be excluded from the overall lot size requirement.
  • 6. Side Yard and Rear Yard setbacks may be reduced, except where abutting residentially zoned parcels, in the Town Center District and in Planned Unit Developments, dependent upon the degree of fire protection and access, in consultation with the Fire Department.

    [Added 10-27-2004]