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Council amends zoning to exempt certain small accessory structures, raises side/rear fence height to 8 feet and trims HVAC review requirements
Summary
The amendments to Chapter 10 of the zoning ordinance would exempt certain small accessory structures that do not require a building permit, raise the permitted height for side and rear fences from six to eight feet to match building-code practice, and remove routine zoning review for some mechanical equipment siting.
The Portsmouth City Council on Feb. 3 approved second reading, as amended, of a package of zoning ordinance changes intended to align the zoning code with building-code practice for minor, accessory structures and to reduce zoning reviews for certain mechanical equipment and fences.
Lede: The amendments to Chapter 10 of the zoning ordinance would exempt certain small accessory structures that do not require a building permit, raise the permitted height for side and rear fences from six to eight feet to match building-code practice, and remove routine zoning review for some mechanical equipment siting.
Nut graf: Deputy City Attorney Trevor McCourt told the council the changes aim to streamline review of small, commonly built items (sheds, playhouses, prefabricated pools, hot tubs) and reduce administrative burden without undermining environmental, sight-line, or historic-district protections. The planning board is scheduled to hold a public hearing on the changes on Feb. 20.
Body: McCourt explained that simply copying building-code exemptions into the zoning ordinance is not straightforward because the codes serve different purposes. The package includes raising permitted fence height for side and rear yards to eight feet (front-yard limits remain to preserve sight lines), removing some mechanical-equipment siting review requirements, and adding sections (10.811.0.6 and 10.811.0.61) to permit certain accessory structures for single- and two-family homes, subject to environmental, sight-line and historic-district standards.
Council debate focused on the proposed limit on the number and size of accessory structures. Councilor Cook said the draft's "up to one" limit could disadvantage residents with smaller yards and suggested allowing multiple small structures up to a total square footage. Opponents worried that allowing many small sheds would defeat the ordinance's intent. After discussion, councilors moved an amendment removing the literal "up to one" phrasing while retaining the other size and one-story limits discussed in the ordinance language; the deputy city attorney said that change remained within the scope of the published amendment and would not require a new public hearing.
Action and timing: The council voted to pass second reading and to hold final (third) reading on March 17, 2025. The planning board will conduct a separate public hearing Feb. 20 and the council indicated it will consider any planning-board recommendations before final adoption.
Ending: City staff said they will return with any planning-board input at a March meeting and that the ordinance amendments will preserve front-yard sight-line rules and environmental and historic safeguards while removing duplicative reviews for small, commonly used structures.
