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Portsmouth adopts Tier 1 zoning changes to comply with new state law
Summary
The Town Council unanimously approved Tier 1 text amendments to Portsmouth’s zoning code to conform to 2023 state legislation, including changes to special use permits, variances, lot mergers, adaptive reuse and accessory dwelling units; planners will proceed to Tier 2 workstreams.
The Portsmouth Town Council on Sept. 23 voted 7–0 to adopt Tier 1 amendments to the town zoning ordinance aimed at conforming local rules to recent state law changes.
Planner Leah Hitchens and consultant Elizabeth Haney of Weston & Sampson told the council the package addressed statutory changes affecting special use permits, variances, lot mergers, land development review and adaptive reuse. Hitchens said the state changes require local updates or the state law would supersede local regulations.
The amendments make specified items administrative in some cases, clarify objective criteria for special use permits and update the use table. The package also implements the state’s accessory dwelling unit (ADU) rules: ADUs are permitted by right on lots meeting thresholds (planners cited a 20,000‑square‑foot minimum for some ADUs and maximum ADU sizes of roughly 900 sq ft for one bedroom and 1,200 sq ft for two bedrooms), subject to septic capacity.
Councilors asked about effects on density, setbacks for legal nonconforming lots, notification of neighbors, and staffing. Staff said the net change in town staffing was about a half‑time equivalent, shifting some workload from board hearings to administrative review. Planners said ADUs cannot be used for short‑term rentals under state law and that septic capacity remains a limiting factor.
After public comment and questions, the council closed the hearing and unanimously adopted the Tier 1 amendments; staff will begin Tier 2 work immediately.
