§ VIII-D

Planned unit developments

[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 ; 2-4-2008 ]
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 ]
	•	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 ]

Note: "and retail/service developments" added.

Note: "marina and resort-style development" added.

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.
    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.
      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]
  - (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]
  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.

	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.

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.
    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.
    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.
    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 and shall conform to the requirements of Article IX, Section A of this ordinance.
    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 and said plans and facilities shall be evaluated and approved or disapproved in accordance with the criteria set forth therein.
    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, as said requirement may need to be modified to allow for the installation and utilization of private streets and ways.
    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 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.
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.
  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 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.

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]