City of Portsmouth Zoning Ordinance Amended through June 19, 2000 Article XV Innovative Zoning: Residential Planned Unit Development Section 10-1501 Definition and Purpose A. A Planned Unit Development (PUD) is a residential development that is intended to allow a much freer placement of structures than the conventional lot-by-lot subdivision. In particular, the clustering of residential dwelling units is encouraged in a manner that both creates usable open spaces and which preserves the natural features evident on the land area under consideration. B. To accomplish these purposes, this Section allows flexibility in the siting of residential buildings, accessory buildings, streets, infrastructure components. Various defined housing types are encouraged. C. The Planning Board may be flexible considering a project under this Section, and shall evaluate the project with the requirements of this Section. These provide general guidelines which specify what could be considered to constitute the maximum number of dwelling units to be proposed in a qualifying project. At its discretion, the Board shall consider one of the following course of action when considering a project under this Section: 1. To permit the maximum number of allowable dwelling units authorized under this Section; 2. To permit a number of dwelling units which is less than the maximum number authorized under this Section; 3. To permit a number of units equal to what would be permitted for a conventional subdivision; or, 4. To deny the request for a PUD. Nothing contained herein shall compel the Planning Board to approve a PUD. While the intent of this Section is to provide flexibility to both the Board in considering an application and the applicant in designing a project; not all parcels are suitable for this approach. The applicant is encouraged to request a Work Session with the Planning Board and Conservation Commission; prior, to submitting an application requesting Preliminary Approval for a Planned Unit Development. Section 10-1502 Procedure and Permitted Uses A. A PUD is subject to approval by the Planning Board subject to the following. 1. A PUD shall be reviewed according to the procedures, required exhibits and standards applicable to a subdivision as contained in the City's Subdivision Rules and Regulations. 2. An application for Preliminary Approval shall include: number of dwelling units; proposed locations for these units; typical building elevations; location and amount of wetlands; location of significant physical features, including, ledge, PAGE XV-1 stands of trees, endangered species or fauna; etc.; and, proposals concerning the proposed infrastructure. 3. An opportunity shall be afforded the Conservation Commission as part of a Preliminary Approval process to offer comment to the Planning Board on the particulars of a project; including, but not limited to the natural features of the parcel and how these may be impacted by the proposed project. 4. Preliminary Approval by the Planning Board shall be subject to Site Plan Review under the City's Site Review Regulations and to review as to content and form by the City's Legal Department of any restrictive covenants, cooperative agreements or similar instruments requiring the participation of the City. As appropriate to verify compliance with this Section, the Legal Department may review appropriate condominium or cooperative agreements that are enacted as part of a project. B. The following uses are permitted under this Section. 1. All uses permitted in the residential district within which the PUD lies (See Article II). 2. Free standing single family units, attached townhouses or other configurations; provided, each dwelling unit has direct access to the ground with no shared or common hallways or stairwells. 3. Dwelling units may be of a condominium or similar cooperative arrangement subject to the requirements of this Section; provided, the lot or lots which are being considered are owned in common by an association and there is no division of ownership involving the land. 4. The PUD may contain no more than three thousand square feet for a self-service laundromat which may include pickup and delivery, on a periodic basis only, for the following services: dry-cleaning; tailoring; or, shoe repair. Such uses shall be accessory to the residential use and shall serve only the residents of the PUD and not the general community at large. Such uses shall conform to the requirements of Article XII. 5. Recreational facilities that are accessory to the residential use. Such facilities shall be designed to serve only the residents of the PUD and their guests and not the community at large. Section 10-1503 Development Regulations A. A PUD shall include no less than ten acres of contiguous land lying within a qualifying residential district or districts. For purposes of this Section, such contiguous land shall be treated as the area being considered pursuant to this Section and; unless otherwise PAGE XV-2 subdivided, re subdivided or combined under this Section as part of the Preliminary Approval process shall not be further subdivided; except, as in conformance with a subdivision under the City's Subdivision Rules and Regulations. B. A PUD shall have the following minimum overall density per dwelling unit: 1. Rural District: 100,000 s.f. per unit. 2. Single Residence A: a) Served with City Water and City Sewer - 35,000 s.f. per unit; b) Served with City Water but no City Sewer - 40,000 s.f. per unit; or, c) Served with neither City Water or City Sewer - 40,000 s.f. per unit. 3. Single Residence B: a) Served with City Water and City Sewer - 15,000 s.f. per unit; b) Served with City Water but no City Sewer - 30,000 s.f. per unit; or, c) Served with neither City Water or City Sewer - 40,000 s.f. per unit. C. To calculate the maximum density, total acreage, measured in square feet, exclusive of the surface of existing waterbodies and wetlands as defined by the State of New Hampshire shall be divided by the minimum of square feet per dwelling unit in order to calculate the maximum allowable density within a PUD. In instances where the PUD includes area in more than one qualifying district, the density for each district shall be calculated separately. The number from each district shall be added together to determine the maximum number of units that could be placed in the overall project site. D. Structures may be located in any fashion based on the following standards: 1. External Dimensional Requirements: a) Continuous Street Frontage: One hundred feet, which may consist of two separate fifty foot rights-of-way, off an existing public street or streets; b) Front Yard: One hundred feet, such yard shall not be used for vehicular parking and is intended to be landscaped; and, c) Side and Rear Yards: Fifty feet, such yards shall not be used for vehicular parking and are intended to be landscaped. PAGE XV-3 2. Internal Dimensional Requirements: a) Front Yard: 30 feet to the project's principal accessway; b) Side and Rear Yard: 25 feet to the project's principal accessway; c) All structures shall be at least 30 feet apart; and, d) Maximum Height shall comply with Article III for the appropriate district which the structures are to be located. E. Streets shall comply with the City's Subdivision Rules and Regulations requirements for a residential street, including, the posting of all performance bonds and Site Review Agreements as required by the Planning Board and the City. Waivers to street design standards may, at the discretion of the Planning Board, be granted according to procedures established in the City's Subdivision Rules and Regulations. 1. Where waivers of street standards are approved by the Planning Board, these are deemed to be private. It is intended that in order for a street to be deemed public, it shall be required to be brought into compliance with current City standards. F. Utilities shall be placed underground and shall comply with the requirements of the City's Subdivision Rules and Regulations, including, the posting of all performance bonds and Site Review Agreements as required by the Planning Board and the City. Facilities shall be designed to meet City standards and specifications as indicated by the Department of Public Works. Waivers may, at the discretion of the Planning Board, be granted according to procedures established in the City's Subdivision Rules and Regulations. 1. Where waivers of other requirements or standards as contained in the City's Subdivision Rules and Regulations or by the Department of Public Works are approved by the Planning Board, where applicable, such waiver shall make that improvement private. It is intended that in order for an improvement to be deemed public, it shall be required to be brought into compliance with current City standards. G. Common Open Space 1. A minimum of twenty-five per cent of the total site area shall be permanently dedicated for common open space. Such space may include land or water areas intended for amenity or recreational uses by the residents of the PUD, and may include accessory structures for such uses. Common open space shall not include areas devoted to dwelling units, street rights-of-way, vehicular areas, access ways or utility corridors. Linear open space that connects or contributes to other public or private open space is encouraged. Regulated public access is encouraged and suitable controls governing such public access shall be considered as part of this Section and as part of the Planning Board's consideration. PAGE XV-4 2. As appropriate, Common Areas shall be governed in accordance with the requirements of NH RSA 479A: 1-28, as amended. 3. Common Open Space shall be preserved in perpetuity by restrictive covenant which shall be enforceable by the City of Portsmouth and such Common Open Space shall be owned by one of the following: a) A private, non-private corporation, association, or other non-profit legal entity established by the applicant for the benefit and enjoyment of the residents of the PUD and over which the residents of the PUD have control; for example, a condominium agreement or homeowner's association. b) A public body which shall maintain the land as open space for the benefit of the general public; for example, the City. c) A private non-profit organization which has as a purpose the preservation of open space through ownership and control; provided, that the residents of the PUD shall have access to the Common Open Space for appropriate recreational uses; for example, the Nature Conservancy, Washington, D.C. City Council Adopted: 18 December 95 PAGE XV-5 Section 10-1504 Assisted Living – Planned Unit Developments [Effective 6/19/00] A. Project Types. Procedures are provided for two types of Assisted Living Planned Unit Developments (AL-PUD). One is a Moderate Density Project (AL- PUD-MD) where the minimum lot per area per unit ranges based on the applicable zoning district from 3,000 to 5,000 s.f. The other is a High Density Project (AL-PUD-HD) where the minimum per unit lot area requirement is less. Related requirements to these are contained in this Section (see Article I, Section 10-102 Definitions). B. Public Interest. Assisted Living facilities constructed pursuant to this Section are determined to be in the public interest only when these are listed on the taxable inventory of the City. C. General Design. All Assisted Living units shall be located either in one residential style structure or in a cluster of structures where the residences are linked to such services as dining facilities and other similar common uses and activities. The intent being to allow some limited flexibility in site planning and to permit a greater residential density than would be permitted through a conventional subdivision. In reviewing projects proposed under this Section, the Planning Board (Board) shall encourage those site plans that are designed to foster usable open spaces and preserve such significant natural features as which may be evident on the land area under consideration. These natural features include, though are not necessarily limited to the following: the buffer area around wetlands, stone outcroppings, mature tree stands, other natural vegetation, stone walls, and existing topography. PAGE XV-6 D. Purpose. To provide a residential home like environment that ensures privacy, dignity, choice and levels of independence for its residents. For purposes of determining compliance with the Zoning Ordinance, an Assisted Living unit shall not constitute an apartment or a dwelling unit. Instead, it is deemed to be dependent on the services provided by the facility. E. Planning Board. The Board is encouraged to be flexible when considering a project and shall evaluate it based on the requirements of this Article. These provide guidelines specifying what constitutes the maximum number of Assisted Living units that may be proposed in any project. The Board shall consider one of the following course of action when considering a project: 1. To permit the maximum number of allowable units that can be authorized; 2. To permit a number of units that is less than the possible maximum; 3. To permit a number of units equal to what would be permitted in a conventional residential subdivision; or, 4. To deny the request for an AL-PUD. F. Elements of Review for the Planning Board. Nothing contained herein shall compel the Board to approve an AL-PUD application. While the intent is to provide flexibility to the Board in considering an application and to the applicant in designing a project; not all sites are suitable to this approach. Accordingly, before granting approval, the Board shall, at a minimum, make the following findings to its satisfaction: 1. That the site would be appropriate for the proposed type of AL-PUD; 2. That the facility would be compatible with adjacent land uses; 3. That the facility would not be demonstratably detrimental to pedestrian or vehicular traffic movement in the area; 4. That adequate and proper facilities exist or would be provided to control traffic and drainage; and, 5. That the use is found to be compatible with the purpose of the City's Zoning Ordinance. 6. That the facility is unlikely to adversely affect the market value or marketability of adjacent properties. PAGE XV-7 Section 10-1505 Zoning Overlay Districts and Review Processes for a Moderate Density AL-PUD (AL-PUD-MD) and for a High Density AL-PUD (AL-PUD-HD) [Effective 6/19/00] A. City Council Overview. Two Zoning Overlay Districts are authorized under this Article. These are the OL-AL-PUD-MD and the OL-AL-PUD-HD districts, which, as part of this process, allows for the Planning Board's consideration of the Assisted Living use as subject to the requirements of this Article. Consideration of either district shall be initiated by submittal to the City Council (Council) of a request that seeks to designate either a lot or contiguous lots of land that are zoned appropriately for their consideration as a site for an Assisted Living facility. The Council may then, at its discretion, consider the adoption of the following procedure. 1. To require the Planning Board, in conjunction with interested parties, to initiate preliminary consideration of the site so as to be able to submit a recommendation back to the Council as to its suitability for such a use. It is intended that the Board's Administrative Procedures, Rezoning Review Checklist and Informational Matrix for Zoning Referrals shall be used as part of this process. 2. Upon receipt of the Planning Board's recommendation, the Council may then decide whether or not to initiate the process of amending the 1995 Zoning Map for the particular residential area under consideration. In making its determination, the City Council shall utilize the criteria contained in Section 10-1504(F). Additionally, at the discretion of the petitioner, any pertinent exhibit detailing the overall project concept can be submitted to the City Council. 3. Subsequently, if the amendment is adopted, then a project application can be initiated and submitted to the Planning Board. B. Work Sessions. Due to the complex issues involved, the applicant shall request a joint Work Session with the Planning Board and the Conservation Commission prior to initiating an application. Its purpose is to identify any potential opportunities and issues regarding the site before formal surveying and engineering commences. The Planning Board may schedule, at its discretion, subsequent forums to solicit public comment. C. Required Approvals. For a project to be approved, the following actions shall be required: The adoption by the Council of an Overlay Amendment to the 1995 Zoning Map that establishes the appropriate Overlay district for the project; Preliminary Approval from the Planning Board of the AL-PUD project; Board consideration of a recommendation from its Technical Advisory Committee on the project; and, Final Approval from the Board of the AL-PUD project. All AL-PUD applications are subject to review based on the following: 1. The City's Subdivision Rules and Regulations and Site Review Regulations; 2. The application shall include: the total number of Assisted Living units being requested; show locations for all structures; provide typical building elevations; PAGE XV-8 detail the location and amount of wetlands; identify wetland buffer areas (see Article VI); show the location of physical features, including, ledge, tree stands, endangered species or fauna, stonewalls; etc. The site plan shall identify all infrastructure systems and indicate whether these are proposed as private or public utilities. 3. The Conservation Commission, as part of a Preliminary Approval process, shall be afforded an opportunity to comment to the Planning Board on the project; including, the sites' natural features and how these may be impacted by the proposal. As appropriate, the Commission may provide the Board with its opinion on the project. 4. Preliminary Approval shall be subject to Site Plan Review; 5. All restrictive covenants, cooperative agreements or similar instruments requiring the City's approval or participation shall be reviewed as to content and form by the Legal Department. Such reviews may include condominium or cooperative agreements, which are enacted as part of a project. Units may be of a condominium or similar cooperative arrangement subject to the requirements of this Article; provided, the lot is owned in common by an association and there is no division of ownership involving the land. 6. Completion of an AL-PUD agreement between the applicant and the City outlining the significant terms and conditions of AL-PUD operation and interrelations between the City, which, for example would include tax impact or covenants against the sale of the facility to a tax exempt entity. 7. Application for Final Approval shall be made as part of a compliance review to determine that all conditions, requirements, agreements, bonding and any other mechanisms as may be appropriate have been completed. C. Development Regulations for a Moderate Density Project. A site shall include no less than five contiguous acres of land lying within a Single Residence A or B districts or no less than three contiguous acres of land lying within the General Residence A or B districts. All such land shall be treated as the area being considered pursuant to this Section and; unless, otherwise subdivided, re-subdivided or combined as part of an approval for an AL-PUD shall not be further subdivided. Based on the amount of land, an AL-PUD-MD shall have the following minimum overall density per assisted living unit: 1. Single Residence A and B: 5,000 s.f. per unit; provided not project shall contain in excess of 25 units. 2. General Residence A and B: 2,500 s.f. per unit; provided no project shall contain in excess of 20 units. PAGE XV-9 D. Development Regulations for a High Density Project. Minimum lot area shall include no less than three contiguous acres of land lying within a Single Residence A or B districts. All such land shall be treated as the area being considered pursuant to this Section and; unless otherwise subdivided, re-subdivided or combined as part of an approval process shall not be further subdivided. Based on the amount of land being devoted to this purpose, an AL-PUD-HD shall have the following minimum overall density per assisted living unit: 1. Single Residence A and B: 2,000 s.f. per unit; provided no project shall contain in excess of one-hundred units. Section 10-1506 Site Requirements Common to Assisted Living Projects [Effective 6/19/00] A. Maximum Possible Density. To calculate the density for assisted living units, the total acreage, measured in square feet, excluding the surface area that is calculated for existing inland water bodies and wetland areas as determined in conformance with Article VI. The resulting product shall then be divided by the minimum number of square feet of lot area required per unit as indicated by the appropriate zoning district in order to calculate the maximum possible density. B. Yard Requirements: Structures may be located in accordance with the following minimum standards: 1. External Dimensional Requirements for Single Residence A and B districts: a) Continuous Street Frontage: One hundred feet, which may consist of two separate fifty-foot rights-of-way, off an existing public street or streets; b) Front Yard: Fifty feet, such yard shall not be used for vehicular parking and is intended to be landscaped; and, c) Side and Rear Yards: Fifty feet, such yards shall not be used for vehicular parking and are intended to be landscaped. 2. External Dimensional Requirements for General Residence A and B districts: a) Continuous Street Frontage: One hundred feet, which may consist of two separate fifty-foot rights-of-way, off an existing public street or streets; b) Front Yard: Fifteen feet, such yard shall not be used for vehicular parking and is intended to be landscaped; and, c) Side and Rear Yards: Twenty-five, such yards shall not be used for vehicular parking and are intended to be landscaped. 3. Internal Dimensional Requirements: PAGE XV-10 a) All structures shall be at least thirty feet apart; and, b) Maximum Height for an AL-PUD-MD shall not be greater than thirty-five feet and for an AL-PUD-HD shall not be greater than forty feet. 4. Projects shall comply with the requirements contained in Article VI. C. Streets and Sidewalks. All public streets shall comply with City requirements for a residential street. Waivers to street design standards may, at the discretion of the Planning Board, be granted only for private internal driveways and any such action shall be in accord with the procedures for granting waivers as contained in the Subdivision Rules and Regulations. Sidewalks shall be required on internal driveways and to make connections between structures. D. Utilities. Utilities shall be placed underground and shall comply with City requirements, standards and specifications as required by Ordinance, Regulation or the Department of Public Works. Waivers may, at the discretion of the Planning Board, be granted according to procedures established in the Subdivision Rules and Regulations. 1. Where a waiver is approved, it shall require that the particular improvement shall hence forth be deemed to be private. In order for such improvement to be deemed public, it shall been to be built to City specifications or shall be required to be brought into such compliance at no cost to the City. E. Permitted Accessory Uses. The following uses are permitted under this Section. 1. Recreational Facilities that are an accessory use to the residential use. Such facilities shall be designed to serve only the residents of the AL-PUD and their guests and are not for the use of the community at large. 2. Accessory Uses and Services may be provided onsite. These may include such uses as an on-site hair salon, limited retail sales of household type goods, library services, community room, arts and crafts rooms for classes and other social programs. As an accessory use, these uses shall be restricted to residents and their guests and are not for the use of the community at large. F. Common Open Space. A minimum of forty per cent of the developable uplands on the site shall be permanently dedicated for common open space. Such open space may include wetlands, buffer areas or water areas, as well as, any land areas and accessory structures such as a gazebo or open sided pavilion intended for amenity or recreational uses by the residents of the ALPUD. However, water areas, wetlands and the wetland buffer (see Article VI) shall not be included in calculating the minimum forty percent requirement. Open space may include a gazebo or open sided pavilion as accessory structures. Common open space shall not include areas that are primarily devoted to assisted living units. These include such structures as garages, storage sheds and PAGE XV-11 maintenance buildings and such areas as street rights-of-way, vehicular areas, accessways, required external yard requirements or utility corridors. Linear open space that connects or contributes to other public or private open space is encouraged. 1. As appropriate, Common Areas shall be governed in accordance with the requirements of NH RSA 479A:1-28, as amended. 2. Common Open Space shall be preserved in perpetuity by restrictive a covenant which shall be enforceable by the City and such Common Open Space shall be owned by a private corporation, association, or other legal entity established by the applicant for the benefit and enjoyment of the residents of the AL-PUD and over which the residents of the AL-PUD have control; for example, a condominium agreement or homeowner's association. G. AL-PUD Agreement. Prior to final project approval, the applicant and the Planning Board shall reach written agreement in recordable form outlining the terms and conditions under which the AL-PUD shall be owned and operated in accordance with this Ordinance. This AL-PUD agreement shall be recorded at the Rockingham County Registry of Deeds as a condition of Final Approval. H. Design Criteria. The buildings shall be designed as typical New England style residential building in scale with the neighborhood in which they are situated. In a moderate density project, no building shall have more than two stories of units. In a high density project, no building shall have more than three stories of units Basement and attic spaces shall only be used for accessory uses. Plans shall be designed by a licensed New Hampshire architect. 1) Door and window openings should be consistent with the architecture of the buildings in design and placement. The use of cornices, architectural moldings, side lites, transom lites, and raised panels in doors is encouraged. A range of material for residential style doors and windows is acceptable; except, the use of commercial style anodized or painted aluminum or steel doors and windows is discouraged. 2) Materials and design elements chosen for exterior treatments should be consistent with the intent and use of materials traditionally found in residential design in New England. Siding materials such as clapboard and shingle are preferred and the use of new materials, which reduce maintenance and emulate the look and feel of traditional materials is permissible. The use of a variety of trim material to provide detailed eaves, cornors, gables, pediments, lintels, sills, quoins and balustrades is encouraged. The use of bays, towers, cupolas, cross gables and dormers to provide unique character to a building and provide articulation of the façade is encouraged. 3) Lighting shall be in keeping with the residential areas as to location, intensity, height and design. PAGE XV-12 4) Parking areas shall be designed in such a manner as to give the appearance of a residential parking area as opposed to a parking lot for a commercial use. They shall be designed so that headlights do not face abutting properties. 5) The Planning Board shall review and approve the architectural exterior design elements when projects are located outside the Historic A district. The basis for approval or denial of the exterior design elements shall rest with a majority vote of the Board. In making its determination, the Board shall utilize the scooping criteria set forth in Article X of the Zoning Ordinance. I. Landscaping. Plantings shall be provided around all buildings, structures, access/egress drives, parking/loading areas and property lines. A landscaping plan shall be drawn by a landscape architect or nurseryman and be approved by the Planning Board. The property owner or their agent shall be responsible for the maintenance, repair, and replacement of all required landscaping materials. All required plant materials shall be tended and maintained in a healthy growing condition, replaced when necessary, and kept free of refuse and debris. All required fences and walls shall be maintained in good repair. Removal of required landscaping materials is prohibited unless a site plan revision is approved by the Board following a public hearing. 1) Landscaping around buildings shall be located in such a manner as to not block windows or to allow areas to become concealed. 2) Landscaping located along the side and rear property lines shall consist of evergreen trees or a species deemed appropriate by the City Arborist and shall be a minimum of six feet in height with a minimum caliper of three inches. Such trees shall be planted in a frequency and manner so as to develop into a dense vegetative border. If in the opinion of the Planning Board, the initial planting would not adequately screen the abutting properties from this facility, a solid wooden fence not less than eight feet in height shall be installed. Said fence shall be removed at the discretion of the Board once the vegetation has matured. Landscaping shall be in accord with Article V. PAGE XV-13 City of Portsmouth Zoning Ordinance and Map Amendments Date Ordinance Map 1) 7 April 97 Added: Article II, Sec. 10-209(43) Revision 1: Lots 4 and allowing certain commercial R-73 and Lot 1-25 on recreational uses in the Tax Map R-67 from Industrial District. General Business to Industrial except for those portions of those lots which lie within 500 feet of Lafayette Road. (Ordinance #15-97) 2) 18 Aug 97 Amended: Article XII, Section Revision 2: Lot 5 on 1201(A)(5) parking required in Tax Map R-82 (189.25 CBA and CBB acres) from Rural to Renumbered: Article XII, Section Single Residence A. 10-1202 to Article XII, Section (Ordinance #28-97) 10-1203 Added: Article XII, Section 10-1202 3) 6 Oct 97 Amended: Article II, Section 10-209 Table 5 and Article I, Section 10-102 4) 17 Nov 97 Amended: Article VI, Section 10-607(A) (7)(c), Section 10-608(B)(C)(D) and Section 10-609(A)(D) 5) 15 Dec 97 Amended: Article II, Section 10-206 Table 2, Section 10-208 Table 4, Section 10-209 Table 5 (storage of lobster traps) Amended: Article IV, Section 10-404(A), Article I, Section 10-102 6) 2 Mar 98 Amended: Article II, Section 10- Revision 3: A portion 212(C)(2) Section 10-212, (G)(3), of Lot 1 on Maps R-13 Article III, Section 10-305(B)(2), and R-14 from Waterfront Article XII, Section 10-1201(A)(10) Industrial to Office Research/Mariner's Village. (Ordinance # 1-98) Map R-34, Lots 7-5A, 7-5B, 7-5C and 7-5D from General Business to Single Residence B. (Ordinance #2-98)