Town of Portsmouth, RI Use Regulations

1. Except as otherwise provided in this Ordinance, in each district no building, structure, or land shall be used or occupied except for the purposes permitted as set forth in the accompanying Table of Use Regulations, Section B.

Proposed uses not so listed may be presented to the Zoning Board of Review by the property owner. Such uses shall be evaluated by the Zoning Board of Review according to the most similar use(s) that is (are) listed, as well as the purposes and uses generally permitted in the subject use district. The Zoning Board of Review may approve the proposed use as permitted, or deny the proposed use as not permitted, or allow the proposed use subject to a Special Use Permit.

2. A use listed in Section B of this Article is permitted as a right in any district under which it is denoted by the letter "Y" subject to such requirements as may be specified elsewhere in this Ordinance.

3. If designated in the Tables by the letter "S", the use is permitted as a Special Use Permit by the Zoning Board of Review subject to such restrictions as set forth elsewhere in this Ordinance and such further restrictions as said Board may establish. The designation of "S" in the Table in given district does not constitute an authorization or an assurance that such use will be permitted.

Nothing herein contained shall preclude the Board of Review from granting multiple Special Use Permits for a single project or proposal or to condition the granting of one (1) or more Special Use Permits upon the implementation or completion of one (1) portion of a project, a master plan for which is submitted at the time of the application for Special Use Permits. Each application for a Special Use Permit shall be evaluated as to its probable effect on the adjacent property, the neighborhood and on the community and may be approved or denied as the findings indicate appropriate. Among, but not limited to, are the following items which are to be considered when granting a Special Use Permit: the desired use will not be detrimental to the surrounding area, adequate protection is afforded to the surrounding property by the use of open space and planting, control of vehicular lot access and parking is provided for, control of noise, smoke, odors, lighting and any other objectionable feature is provided for, solar rights of the abutters to be provided for.

Special Use Permits are further governed by the provisions of Article VII of this Ordinance.

4. A use listed in Section B of this Article is not permitted in any district under which it is denoted by the letter "N".

5. Access to lots located in a C-1 District must be other than from a street located in an "R" District.

6. If designated in the Tables by the letter "M", the use is permitted with the approval of the Major Land Development Review by the Planning Board subject to such restrictions as set forth elsewhere in this Ordinance and such further restrictions as said Board may establish.

PRINCIPAL USES DISTRICTS
A. RESIDENTIAL	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
(Note: Please also refer to definitions of 'dwelling unit', 'family', and 'household'.)
1. One detached dwelling unit on a separate lot occupied by not more than one household.	Y	Y	Y	Y	Y	N*	S	S	S	N
2. One two-family or one duplex structure on a separate lot.	Y	Y	Y	Y	Y	N*	S	S	S	N
3. Motels and Hotels (See Article VII.)	N	N	N	N	N	S	S	S	S	S
4. Renting of rooms in an existing dwelling unit to not more than four (4) persons provided there are no separate cooking facilities and no separate means of ingress or egress.	Y	Y	Y	Y	Y	N*	N	N	S	N
5. Renting rooms in an existing dwelling unit to more than four (4) persons.	N	N	N	N	N	S	N	N	S	N
6. Conversion of an existing dwelling unit to accommodate not more than two (2) households provided there is no external evidence of occupancy by more than one (1) household and provided the dimensional requirements for a two-family dwelling are met.	Y	Y	Y	Y	N	N*	S	S	S	N
7. Conversion of an existing dwelling unit to accommodate more than two (2) families.	S	S	S	S	N	N*	S	S	S	N
8. Trailer or mobile home, except in a trailer or mobile home park.	N	N	N	N	N	N	N	N	N	N
9. Trailer park or mobile home park.	N	N	N	N	N	N	N	S	N	N
10. Apartments, Condominiums, Cluster and Town Houses or Multi-family development (See Article VII.)	S	S	S	S	N	N	N	N	S	N
11. Mixed Residential and Commercial Uses, except Home Occupations.	N	N	N	N	N	S	S	S	S	S
12. Community Residences (See definition.)	Y	Y	Y	Y	Y	Y	S	S	S	S
13. Planned Marina Village Development (PMVD), as approved by the Planning Board[1] [Added 9-19-2006]	N	N	N	N	N	N	N	N	Y	N
14. Planned Resort Development (PRD), as approved by the Planning Board * [2] [Added 9-19-2006; amended 5-26-2015 by Ord. No. 2015-05-26]	N	Y*	Y*	Y*	N	N	N	Y*	N	N

*	Lots directly abutted on both sides by residential uses may apply for a special use permit for said residential use.
*	Planned Resort Development (PRD) is permitted within the R20, R40 and HI Zones limited to the area bounded by Willow Lane, West Main Road, Bristol Ferry Road and the Mount Hope Bridge. Planned Resort Development (PRD) is permitted within the R30 Zone limited to Map 55, Lot 1A. [Amended 5-26-2015 by Ord. No. 2015-05-26]

B. INSTITUTIONAL, RECREATIONAL AND EDUCATIONAL USES	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Place of worship.	S	S	S	S	S	S	S	S	S	N
2. Private or public school not conducted as a private business for gain.	S	S	S	S	S	S	S	N	N	N
3. Cemeteries or mausoleums.	S	S	S	S	S	S	S	S	N	N
4. Public park or playground, public recreational building or facility.	S	S	S	S	S	S	S	S	S	S
5. Public utilities, limited to electrical, telephone, water, gas, cable television and sewer.	S	S	S	S	S	S	S	S	S	N
6. Private non-profit libraries or museums.	S	S	S	S	N	Y	S	S	S	S
7. Private non-profit community center building, settlement house, adult education center or other similar facility.	S	S	S	S	S	S	N	N	N	S
8. Hospital, clinic, infirmary, nursing home, convalescent home, institutional residence group homes or other congregate care facility not qualifying as a community residence.	S	S	S	S	N	S	S	N	N	S
9. Day Care Center: provided any outdoor play area is screened by fence, wall, or planting line from any neighboring residential structure and is not detrimental to the neighborhood by reason of noise. (Formerly Day nursery.) [Amended 3-13-2017 by Ord. No. 2017-03-13]	S	S	S	S	N	S	S	S	S	S
9a. Family Day Care Home	Y	Y	Y	Y	Y	S	N	N	S	N
10. Trade, professional or other for profit school for gain.	N	N	N	N	N	S	S	S	Y	S
11. Private non-profit membership or social club or lodge.	N	N	N	N	N	S	N	N	N	N
12. Country club, golf, swimming, tennis or other outdoor recreational facility.	S	S	S	S	S	S	S	S	Y	S
13. Indoor entertainment and recreational facilities operated as a business for gain, provided that such use is housed indoors in sound-insulated structures that protect the neighborhood.	N	N	N	N	N	S	S	S	Y	S

C. AGRICULTURE USES	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Farms-agricultural, orchard, horticultural or silvicultural.	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
2. Farms-livestock, fish and shellfish, or poultry but not swine, provided that any building housing livestock or poultry is not less than fifty feet (50') from the property boundary. [Amended 9-9-1997[3]]	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
3. One roadside stand per farm for the sale of agricultural or horticultural products the major portion of which are grown or produced on the premises or an adjacent parcel; must provide off-street parking. [Amended 10-25-2010[4]]	Y	Y	Y	Y	Y	Y	Y	Y	Y	S
4. Agriculture-Promotion Uses [Added 6-8-2015 by Ord. No. 2015-06-08]	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
5. Agriculture-Special Events [Added 6-8-2015 by Ord. No. 2015-06-08]	S	S	S	S	S	S	S	S	S	N
6. Farm brewery [Added 10-9-2018 by Ord. No. 2018-10-09]	S	S	S	S	S	S	S	S	S	S

D. OFFICES AND LABORATORY USES	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Business, financial or professional offices with no retail, manufacturing or processing.	N	N	N	N	N	Y	Y	Y	Y	S
2. Offices and clinics for medical, psychiatric, or other health services for the examination or treatment of persons as out-patient, including laboratories that are part of such office or clinic.	N	N	N	N	N	Y	S	S	N	S
3. Laboratory or research facility.	N	N	N	N	N	S	S	S	S	N
4. Radio, television or recording studio.	N	N	N	N	N	S	S	S	S	S

E. RETAIL BUSINESS AND CONSUMER SERVICE ESTABLISHMENTS	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Store for retail sale of merchandise, provided all display storage and sales for materials are conducted within a building and there is no manufacturing or assembly on the premises.	N	N	N	N	N	Y	S	S	Y	S
2. Store for retail sale or merchandise, with outside display storage of wares and merchandise, provided there is no manufacturing or assembly on the premises.	N	N	N	N	N	S	S	S	S	S
3. Eating places serving food and beverages to be consumed within the building.	N	N	N	N	N	Y	S	S	Y	S
4. Stores for sale of marine supplies and associated items including boats and trailers.	N	N	N	N	N	Y	Y	Y	Y	N
5. Service business serving needs of local residents.	N	N	N	N	N	Y	S	S	Y	S
6. Marinas including sales and repair of boats and related supplies.	S	S	S	S	S	S	S	S	Y	N
7.1. Mortuary or funeral establishment (crematorium not permitted on the premises). [Amended 4-9-1996]	S	S	S	S	N	Y	S	S	N	N
7.2. Mortuary or funeral establishment (crematorium permitted on the premises). [Amended 4-9-1996]	S	S	S	S	N	S	S	S	N	N
8. Veterinary establishment, kennel or similar establishment.	N	N	N	N	N	S	S	S	N	N
9. Store for retail sale of merchandise such as, but not limited to, lumber yards and building supply yards, wherein merchandise is stored in the open provided that all merchandise so stored is screened from ground level view from any abutting street or property at the property line where such materials are stored.	N	N	N	N	N	S	S	S	S	N
10. Dispatch facility for transportation company providing bus transportation services to Town of Portsmouth schools with associated parking of buses but no repair facilities.	N	N	N	N	N	N	S	S	N	N
11. Telephone exchanges, but not including service or storage yards, or microwave transmission facilities.	S	S	S	S	S	S	S	Y	Y	N
12. "Outdoor Trade Shows" which includes those events in which manufacturers, wholesalers and/or retailers shall assemble to display their wares and merchandise for promotion and sale to the general public, including but not limited to Art Shows, Boat Shows, Antique Shows and the like.	N	N	N	N	N	N	S	S	Y	S
13a. Itinerant vendors as defined by Rhode Island Statutes.	N	N	N	N	N	S	N	N	N	S
13b. All other vendors from temporary fixed locations except as otherwise allowed by this Ordinance.	N	N	N	N	N	N	N	N	N	S
14. New retail business, office or consumer service development of over 5,000 gross square feet of floor area or over 20,000 square feet of total land area. (See Article VII. Section G.)	N	N	N	N	N	S	S	S	S	S
14.1. Addition to new retail business, office or consumer service complex, as in 14, provided the additions increase the size of the buildings by no more than 30% over the size of the buildings as constructed under the first application approved under Section 14. Such additions need not be constructed at the same time. [Added 10-15-1996]	N	N	N	N	N	Y	Y	Y	Y	S
14.2 Addition to existing retail business, office or consumer service complex provided the addition increases the existing buildings by no more than 30% over the size of the buildings as existing at the time of the enactment of this amendment. Such additions need not be constructed at the same time. [Added 10-15-1996]	N	N	N	N	N	Y	Y	Y	Y	S
14.3 Addition to new or existing retail business, office or consumer service complex of more than 30% over the size of the buildings as existing at the time of the enactment of this amendment, or a Substantial Improvement, as defined in Article II. Such additions need not be constructed at the same time. [Added 1-21-2004]	N	N	N	N	N	S	S	Y	Y	S
14.4 New or expanded retail business, office or consumer service development totaling over 25,000 square feet building gross floor area of the first floor in one or more buildings as approved by the Planning Board as a Planned Retail/Service Development (See Article VIII. Section D). [Added 2-4-2008]	N	N	N	N	N	Y	Y	Y	Y	Y
14.5 New or expanded single use retail business of over 45,000 square feet building foundation area in one building abutting the Traffic Sensitive District. [Added 2-4-2008]	N	N	N	N	N	N	N	N	N	N
15. Sales places for flowers, garden supplies, agricultural produce partly or wholly outdoors including commercial greenhouses.	S	S	S	S	S	Y	S	S	N	S
16. Place for exhibition, lettering or sale of gravestones.	N	N	N	N	N	Y	Y	Y	N	N
17. Marine Trade Development as approved by the Planning Board.[5]	N	N	N	N	N	N	Y	Y	Y	N
18. Planned Retail/Service Development as approved by the Planning Board.[6]	N	N	N	N	N	Y	Y	N	N	S

**	Provided the development is approved by the Planning Board pursuant to Article VII. (Op. Cit. Planned Unit Development)

F. AUTOMOTIVE SERVICE AND DRIVE-IN RETAIL SERVICE	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Automobile fuel service stations.	N	N	N	N	N	S	N	S	Y	N
2. Sale or rental of boats and rental of other motor vehicles and accessory storage.	N	N	N	N	N	S	S	S	Y	N
2a. Sale or rental of automobiles.	N	N	N	N	N	Y	N	N	N	N
3. Automobile repair shops, provided all work is carried out within the building.	N	N	N	N	N	S	S	N	N	N
4. Boat Repair Shops.	N	N	N	N	N	S	S	S	Y	N
5. Car washing establishments.	N	N	N	N	N	S	S	S	N	N
6. Paint and body shops, provided all work is carried out within the building.	N	N	N	N	N	S	S	S	S	N
7. Free standing drive-in or drive-through facility, whether attended by an employee or unattended.	N	N	N	N	N	S	S	S	S	N

G. INDUSTRIAL, WHOLESALE AND TRANSPORTATION USES	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Laundries and dry cleaning plants.	N	N	N	N	N	S	S	S	S	N
2. Printing, binding, publishing and related arts and trades.	N	N	N	N	N	S		Y	N	N
3. Bottling of beverages.	N	N	N	N	N	S	Y	Y	N	N
4. Plumbing, electrical or carpentry shop or other similar service or repair establishment.	N	N	N	N	N	S	Y	Y	Y	N
5. Place of manufacturing, assembly or packaging of goods, provided that all resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke and vapor be effectively confined to the premises or be disposed of in a manner that does not create a nuisance or hazard to safety or health, provided that food or animal waste processing is not less than fifty feet (50') from the property boundary. [Amended 9-9-1997[7]]	N	N	N	N	N	N	S	Y	Y	N
6. Place of manufacturing, assembly or packaging of goods, provided that all resulting cinders, dust, flashing, fumes, gases, odors, refuse matter, smoke and vapor be effectively confined to the premises or be disposed of in a manner that does not create a nuisance or hazard to safety or health with no outside storage of goods or materials.	N	N	N	N	N	N	S	Y	Y	N
7. Wholesale business and storage in an enclosed and roofed structure.	N	N	N	N	N	S	S	Y	Y	N
8. Wholesale business, including outdoor storage.	N	N	N	N	N	N	S	S	S	N
9. Trucking terminals.	N	N	N	N	N	N	S	S	N	N
10. Extractive industries and earth removal. (See Ordinance No. 107.[8])	N	N	N	N	N	N	S	S	N	N
11. Planned Corporate Development as approved by the Planning Board.[9]	N	N	N	N	N	N	Y	Y	Y	N
12. Planned Industrial Development as approved by the Planning Board.[10]	N	N	N	N	N	N	N	Y	N	N
13. Mass Storage of fuel in tanks exceeding 50,000 gallons. [Added 6-17-2002]	N	N	N	N	N	N	N	N	N	N
14. Mass Storage of fuel in tanks not exceeding 50,000 gallons. [Added 6-17-2002]	N	N	N	N	N	N	S	S	N	N

H. OTHER PRINCIPAL USES	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Any use that is hazardous, offensive or noxious by reason of potential of fire, noise or vibration, dust, gas, fumes, odor, smoke, cinders, flashing or excessively bright light, refuse matter or electromagnetic radiation.	N	N	N	N	N	N	N	N	N	N
2. Open lot storage, including unused vehicles not held for sale.	N	N	N	N	N	N	N	N	N	N
3. Sale of junk or salvage materials.	N	N	N	N	N	N	N	N	N	N
4. Any use hazardous to health because of danger of flooding, inadequacy of drainage or inaccessibility to fire fighting apparatus or other protective service or any use which creates excessive noise beyond the property line.	N	N	N	N	N	N	N	N	N	N

I. ACCESSORY USES	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. A private garage for residents of an existing dwelling on the same premises.	Y	Y	Y	Y	Y	Y	Y	Y	Y	S
2. More than one (1) commercial vehicle per lot in excess two (2) tons capacity.	N	N	N	N	N	Y	Y	Y	Y	S
3. A storage shed with a maximum of 120 square feet area and no more than 12 feet in height. Storage sheds of over 120 square feet shall meet all dimensional requirements of the zoning use district in which it is located.	Y	Y	Y	Y	Y	Y	Y	Y	Y	S
4. Private greenhouse, tennis court, or other similar building or structure for domestic use.	Y	Y	Y	Y	Y	Y	Y	Y	Y	S
5. Swimming pool enclosed by a six foot (6') fence and the pool area locked when not in use.	Y	Y	Y	Y	Y	Y	Y	Y	Y	S
6. The raising or keeping of animals, livestock or poultry as pets or for use by residents of the premises provided that no buildings or enclosure (including fencing) for any animal may be less than fifty feet (50') from side, rear or front lot line. Provided, however, the raising or keeping of swine shall comply with all R.I. Department of Health rules and regulations not inconsistent with the provisions hereof.	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
7. Home occupation of a resident provided that not more than three (3) persons shall practice or be employed on the premises at any one time and further provided that not more than 20% of the floor area is so used. (See Definition of Home Occupations)	Y	Y	Y	Y	Y	Y	Y	Y	Y	S
8. Restaurants inside a building for the use of the primary occupants of the building provided there is no exterior evidence of same.	N	N	N	N	N	Y	Y	Y	Y	S
9. Restaurants primarily for the use of residents of an apartment building or group of apartment buildings provided there is no exterior evidence of same and further provided the apartment building or group of buildings is under one management and contains not less than one hundred (100) dwelling units. (Leasing of the restaurant is permitted.)	S	S	S	S	N	N	N	Y	Y	S
10. The storage of one (1) recreational vehicle and one (1) boat and trailer, meeting the Yard requirements as set forth in the Land Space Requirements Table, except that in R-10 the yard requirements for this use shall be fifty percent (50%) of those set forth in the Land Space Requirements Table.	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
11. Construction equipment, storage of.	N	N	N	N	N	S	S	Y	Y	N
12. Windmills and other wind power generating devices, whether commercial or otherwise.	S	S	S	S	S	S	S	S	S	N
13. Drive-in or drive-through facility, whether attended or unattended by an employee, that is accessory to the primary commercial use.	N	N	N	N	N	S	S	S	S	S
14. Day Care conducted in one's own home, but otherwise meeting the definition of 'Day Care-Family Day Care Home', provided there is no exterior signage.	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
15. Accessory Family Dwelling Unit, providing there are no separate cooking facilities and no separate means of ingress or egress.	Y	Y	Y	Y	Y	Y	Y	Y	Y	N
16. Private school conducted as an accessory to the principal use. (See also parking requirements, Article IX.)	N	N	N	N	N	Y	Y	Y	Y	S

J. SOLAR ENERGY SYSTEMS (ARTICLE XX) [Added 12-14-2020 by Ord. No. 2020-12-14; amended 11-8-2021 by Ord. No. 2021-11-08]	R10	R20	R30	R40	R60	C-1	I-L	I-H	WD	TC
1. Large solar energy system	N	N	N	N	N	M	M	M	M	N
2. Medium solar energy system	N	N	N	N	N	M	M	M	M	N
3. Small solar energy system	S	S	S	P	P	P	P	P	P	S
4. Accessory roof-mounted solar energy system	P	P	P	P	P	P	P	P	P	P

[1]

Note: All "Planned Unit Developments" are subject to Article VIII, and are approved by the Planning Board.

[2]

Note: Adopted 9-19-2006 with respect to R20, R40 and HI zones. Adopted 5-26-2015 with respect to the R30 Zone. All "Planned Unit Developments" are subject to Article VIII, and are approved by the Planning Board.

[3]

Note: The words: "fish and shellfish" were added to the ordinance as adopted 9-9-1997.

[4]

Note: "or an adjacent parcel" adopted 10-25-2010.

[5]

Note: "**" In use tables adopted 9-23-2002 as part of Planned Unit Development provisions. All "Planned Unit Developments" are subject to Article VIII, and are approved by the Planning Board.

[6]

Note: "**" in use tables adopted 7-14-2003 as part of Planned Unit Development provisions. All "Planned Unit Developments" are subject to Article VIII, and are approved by the Planning Board.

[7]

Note: The words: "provided that food or animal waste processing is not less than fifty feet (50') from the property boundary" were added.

[8]

Editor's Note: See Ch. 155, Earth Removal.

[9]

Note: Op. Cit. Planned Unit Development.

[10]

Note: Op. Cit. Planned Unit Development.