Council adopts zoning amendments easing accessory-use rules for residences

The Portsmouth City Council passed third and final reading of amendments to Chapter 10 of the zoning ordinance on March 17, changing measurement rules and adding sections relating to accessory uses for permitted residential uses.

The ordinance amendment (third and final reading) struck Article 5 measurement rules section 10.5150.14, amended section 10.5150.13 and added sections 10.811.6 and 10.811.61 to clarify accessory-use standards for residences. The Planning Board raised concerns—summarized in the council packet—about permitting tall fences (triggering building permits at 7 feet or above), sheds on property lines, front-lot placement that could change neighborhood character, and the need for setbacks to avoid cluster hazards.

“Removing the mechanicals made sense,” Councilor Moreau said, summarizing the Planning Board’s feedback, while also noting the board’s caution on fences and sheds. Mayor McEachern framed the choice as a policy judgment about regulation: “we can be a high trust community or we can be a high regulation community,” and argued the changes favor permitting reasonable uses without placing more residents into lengthy variance processes.

Councilors who spoke in favor said the changes reduce unnecessary permitting for common yard structures while preserving Historic District Commission review where applicable. Councilor Cook noted that in some neighborhoods buildings and sheds are already tight to property lines and that additional layers of review can be onerous for homeowners.

The motion for third and final reading was moved and seconded and passed on a voice vote; no roll-call tally was recorded in the transcript. The ordinance amendment will take effect according to normal ordinance effective-date procedures unless otherwise noted in later action.

Why it matters: the amendments change local regulation of fences, sheds and small accessory structures. Supporters described the changes as streamlining and trusting neighbors to resolve issues; Planning Board comments remain part of the public record and could prompt future adjustments if implementation raises problems.

Councilors said they could revisit the sections if enforcement problems arise.