Zoning Disticts and Permitted Usse
Part 303
303.01 "Zoning Map"
(a) A Pease Development Authority Zoning Map depicting the locations and boundaries of all zones and districts is hereby made a part of this zoning rule, and may be reissued by the Board from time to time to incorporate such amendments as may be adopted by the Board.
(b) A copy of the Pease Development Authority Zoning Map is attached to this zoning rule as Exhibit 1. Official copies of said map shall be on file in the offices of the Pease Development Authority.
303.02 "Airport Zone"
(a) Description and Purpose. The Airport Zone is primarily intended to provide for uses associated with the operation of an airport, to include aviation-related facilities, structures and activities. The area subject to the Airport Zone consists of approximately 797 acres and is bounded on the north by the aircraft parking limit and Merrimac Drive; on the west by the building restriction line running 750' from center line of and parallel to the runway; on the south by the Natural Resource Protection Zone; and on the east by the Airport Industrial Zone (aircraft parking apron). The Airport Zone also includes the North Apron, the bulk fuel storage area and the parcel bounded on the north by the N.H. Air National Guard cantonment area; on the west by the Airport Zone (aircraft parking limit); on the south by the Airport Industrial and Industrial Zones and on the east by Portsmouth Avenue to Exeter Street, then westerly along Exeter Street for approximately 550 feet and then northerly along an imaginary line running approximately 550 feet from and parallel to Portsmouth Avenue to its intersection with the NH Air National Guard cantonment area boundary.
(b) Permitted Uses.
(1) Airport facilities, to include runway, aprons, taxiways, control towers, navigational and communications facilities, airfield lighting and signs, and associated structures.
(2) Runway protection zone.
(3) Airport passenger terminal, with associated ticket sales, restaurant/lounge and food services, retail sales and services, car rental services, other incidental services and associated short-term and long-term parking garages and lots.
(4) Aircraft servicing, manufacturing and retrofitting facilities.
(5) Aircraft parts manufacturing and retrofitting, aircraft parts and components storage.
(6) Aircraft hangars, servicing and repair facilities.
(7) Airport administration and maintenance offices and facilities.
(8) Air cargo/freight terminals, operations and activities.
(9) Customary accessory uses incidental to air transportation.
(10) General aviation services and facilities, including aircraft tie-down and parking areas, support and maintenance shops, concessions, aviation fuel storage and dispensing facilities.
(11) Transportation terminals, including bus terminals, rail terminals, commuter van, taxi and limousine services and incidental parking garages and lots.
(12) Industrial activities and uses dependent upon the airport for transport or resources.
(13) Aviation research and testing laboratories and activities dependent upon the airport for transport or resources.
(14) Crash fire station, police station, garage and other airport maintenance, emergency and snow response facilities.
(15) Aircraft sales and leasing facilities and services.
(16) Aerospace and aviation-related training facilities.
(17) Vehicular parking garages and lots.
(18) Public utility facilities. [Deleted 1/25/94]
(18) Customary accessory uses incidental to permitted uses, to include but not be limited to off-street parking and loading, signs, outdoor storage, offices and employee day care and recreational facilities. [Rev. 1/25/94]
(c) Restrictions on Aircraft Operations and Related Uses and Activities
(1) Aircraft Ground Engine Run-ups
Except when emergency situations or safety considerations require otherwise Aircraft Operations shall be subject to the following restrictions:
a) Maintenance Run-ups
(1) Aircraft ground engine run-ups above idle power conducted as part of maintenance operations shall be conducted only in designated noise mitigation areas at the Airport and in accordance with procedures for use of such areas as established by the PDA as airport operator.
b) Pre-Flight Run-ups
(1) Aircraft ground engine run-ups above idle power conducted as part of pre-flight procedures shall be conducted only in designated noise mitigation areas at the airport and in accordance with procedures for use of such areas as established by the PDA as airport operator.
(2) Before 7:00 A.M. and after 9:00 P.M., aircraft ground engine run-ups above idle power conducted as part of pre-flight procedures shall be conducted no earlier than 15 minutes prior to scheduled takeoff.
[Added 10/27/94]
303.03 "Airport Industrial Zone"
(a) Description and Purpose. The Airport Industrial Zone is primarily intended to provide for industrial uses necessitating close proximity to an airport and aviation-related facilities, structures and activities servicing industrial users. The area subject to the Airport Industrial Zone consists of the following parcels comprising approximately 448 acres:
(1) In the area geographically situated in the City of Portsmouth, bounded on the north and west by the Airport Zone; on the south by the Natural Resource Protection Zone (Grafton Drive); and on the east by the Industrial Zone (Dover Avenue).
(2) In the area geographically situated in the Town of Newington, bounded on the north by the Natural Resource Protection Zone (Merrimac Drive, excluding the Newington Town Forest); on the west by the Airport Zone; on the south by the North Apron area of the Airport Zone, the NH Air National Guard cantonment area and the Airport Zone bulk fuel storage area; and on the east by the Industrial Zone (Portsmouth Avenue to Merrimac Drive).
(b) Permitted Uses
(1) Aircraft parking aprons and taxiways for industrial users.
(2) Aircraft hangars, servicing and repair facilities.
(3) Airport administration and maintenance offices and facilities.
(4) Air cargo/freight terminals, operations and activities.
(5) General aviation services and facilities, including aircraft tiedown and parking areas, support and maintenance shops, concessions, aviation fuel storage and dispensing facilities.
(6) Aircraft servicing, manufacturing and retrofitting facilities.
(7) Aerospace and aviation-related training facilities.
(8) Aviation research and testing laboratories and activities.
(9) Aircraft sales and leasing facilities and services.
(10) Aircraft parts manufacturing and retrofitting; aircraft parts and components storage.
(11) Customary accessory uses incidental to permitted uses, to include but not be limited to off-street parking and loading, signs, outdoor storage, offices and employee day care and recreational facilities.
(12) Vehicular parking garages and lots.
(13) Public utility facilities. [Deleted 1/25/94]
(13) Customary accessory uses incidental to air transportation. [Rev. 1/25/94]
(14) Other industrial activities and uses dependent upon the airport for transport or resources. [Rev. 1/25/94]
303.04 "Industrial Zone"
(a) Description and Purpose. The Industrial Zone is intended primarily for industrial uses which do not require direct access to the airport. The area subject to the Industrial Zone consists of the following parcels comprising approximately 333 acres.
(1) In the area geographically situated in the City of Portsmouth, bounded on the north by the Business and Commercial Zone and Airport Zone (approximately 1,080 feet south of the intersection of Manchester Square and New Hampshire Avenue then southerly to Stratham Street and extending to Aviation Avenue; on the west by the Airport Industrial Zone (Aviation Avenue); on the south by the Natural Resource Protection Zone and Business/ Commercial Zone (Grafton Drive); and on the east by the Business/Commercial Zone(Corporate Drive to International Drive, then northerly along International Drive to approximately 1,020 feet from the intersection of International Drive and Manchester Square). [Rev. 12/18/97]
(2) In the area geographically situated in the Town of Newington, bounded on the north by the former Pease Air Force Base perimeter boundary and the Natural Resource Protection Zone; on the west by the Airport Industrial Zone, bulk fuel storage area and NH Air National Guard cantonment area (Portsmouth Avenue and Merrimac Drive); on the south by the Business/Commercial Zone (Newington Road); and on the east by Spaulding Turnpike.
(b) Permitted Uses
(1) Uses permitted in the Airport Industrial Zone.
(2) Business offices and data processing facilities.
(3) Research and development laboratories and related facilities and activities, including prototype production facilities and/or the related assembly of high technology equipment and/or components.
(4) Warehousing and transportation-related activities and operations for all transportation modes, including rail, for nonflammable and/or nonhazardous materials.
(5) Light industry and manufacturing, including but not limited to communications, electronic and data processing equipment manufacturing and assembly.
(6) Customary accessory uses incidental to permitted uses, to include but not be limited to off-street parking and loading, signs, outdoor storage, offices and employee day care and recreational facilities.
(7) Industrial uses. [Rev. 1/25/94]
303.05 "Airport Business and Commercial Zone"
(a) The Airport Business and Commercial Zone is intended primarily for uses involving business, commercial and trade-related enterprise. The area subject to the Airport Business and Commercial Zone consists of approximately 498.5 acres and is bounded on the north by the Industrial Zone(Pease Boulevard to New Hampshire Avenue)and the NH Air National Guard cantonment area; on the west by the Airport Zone and Exeter Street; then southerly approximately 1,080 feet from the intersection of Exeter Street and New Hampshire Avenue; northeast perpendicular to International Drive (approximately 1,020 feet from the intersection of International Drive and Corporate Drive)(bounded by Industrial Zone), then southerly along International Drive and Corporate Drive to Grafton Drive, then westerly along Grafton Drive to a point 500 feet west of Corporate Drive); on the south by the Natural Resource Protection zone; on the east by the Natural Resource Protection Zone and Spaulding Turnpike. [Rev. 12/18/97]
(b) Permitted Uses
(1) Offices, banking and financial services and activities, public utility, professional and business offices, research and development offices and data processing facilities.
(2) Transportation terminals, including bus terminals, rail terminals, commuter vans, taxi and limousine services and incidental parking garages and lots.
(3) Hotels and related accessory uses.
(4) Colleges, educational and training facilities.
(5) Vehicular parking garages and lots.
(6) Car rental agencies.
(7) Consumer services including barber and beauty shops, laundry and dry cleaning establishments for pickup and delivery only, repair shops for shoes and household appliances and similar service establishments, provided no such use exceeds 10,000 square feet, nor such contiguous uses via attached buildings exceed 25,000 square feet.
(8) Restaurants, bakeries, newsstands, convenience stores, including sale of drugs, food, hardware/ housewares, gifts, stationery and flowers and similar convenience and retail facilities, provided no such use exceeds 10,000 square feet, nor such contiguous uses via attached buildings exceed 25,000 square feet.
(9) Trade-related exhibition/conference centers, offices, and support activities.
(10) Governmental facilities.
(11) Hospitals and out-patient health care facilities.
(12) Child care facilities, to include day care, kindergarten and nursery schools.
(13) Customary accessory uses incidental to permitted uses to include but not be limited to off-street parking and loading, signs, outdoor storage, offices and employee day-care and recreational facilities.
(14) Light industry and manufacturing, including but not limited to communications, electronic and data processing equipment manufacture and assembly.
(15) Research and development laboratories and related facilities and activities.
(16) Public utility facilities. [Deleted 1/25/94]
(16) Motor vehicle service stations, excluding auto body repair and painting, provided: [Rev. 1/25/94]
a) All repairs and service work shall take place within an enclosed building.
b) No inoperative, unregistered or uninspected vehicles are to remain on the site for more than a two (2) week period unless enclosed within a building. No vehicle sales shall be permitted upon the premises.
c) Screening, consisting of a solid fence, wall or evergreen hedge not less than six (6) feet in height shall be erected and properly maintained on the side and rear property lines.
d) All pump islands shall be set back at least twenty (20) feet from the front property line.
e) There shall be no more than two (2) forty (40) foot wide curb cuts or access or egress points on each abutting street.
f) Notwithstanding Section 304.04, minimum lot areas shall be 20,000 square feet, front yard shall be 50', side and rear yards 40'.
303.06 "Natural Resource Protection Zone"
(a) Description and Purpose. The Natural Resource Protection Zone is intended primarily for uses relating to airport buffer and security purposes and for the protection of existing natural resources. It is intended to serve as a natural buffer between aviation-related and other uses occurring on property under the jurisdiction of the Pease Development Authority and surrounding properties. The area subject to the Natural Resource Protection Zone consists of approximately 781 acres. To the north, it includes the area between the former Pease Air Force Base perimeter and the Airport Industrial and Airport Zones; to the west, the area between the Airport Zone and McIntyre Road to former Base perimeter then southerly along the former base perimeter; to the south the area between the former Base perimeter and Airport, Airport Industrial, Industrial and Business/ Commercial Zones; and to the east, the area between the former Base perimeter boundary and the Business/Commercial Zone up to the wastewater treatment facility.
(b) Permitted Uses
(1) Airport-related equipment and structures limited to communication and navigational aids and related activities, and only buildings which are subordinate and accessory to communications or navigational aids. No building shall exceed 1,000 square feet.
(2) Runway protection zones.
(3) Stormwater management facilities, water wells, water treatment and pumping facilities and equipment and related activities.
(4) Tree farms and forestry, wildlife preservation, recreational uses not involving motorized vehicles; provided such uses do not interfere with airport safety and security.
(5) Golf Course.
(6) Mitigation areas.
(7) Open Space.
(8) Public utility facilities.
(9) Railroad lines and related railway facilities and activities.
(10) Access roads.
Part 303-A USES PERMITTED BY SPECIAL EXCEPTION
303-A.01 "Special Exception Uses Permitted in the Airport Zone"
(a) Aircraft Operations and Ground Engine Run-ups not otherwise permitted. [Reserved]. (To be proposed as part of overall package of zoning amendments and other programs to address airport noise concerns).
(b) Open lot storage, provided the following additional criteria are met:
(1) No hazardous or toxic materials are stored on site or used to process or treat the materials.
(2) The use is consistent with preservation of the Pease Aquifer.
(3) The use will not detract from the ability of abutting properties to conduct business.
(4) The use will not exceed eighteen (18) months in duration without the filing and approval of a new request for a Special Exception.
(5) A bond or other security satisfactory to PDA counsel is provided to guarantee the restoration of the site at the end of the storage period.
(c) Uses of buildings or structures planned for demolition, removal or reconstruction that are compatible with permitted uses and provided the use shall not extend beyond the time such demolition, removal or reconstruction is planned to be undertaken.
(d) Motor vehicle service stations (excluding auto body repair and painting), provided the following additional criteria are met:
(1) All repairs and service work shall take place within an enclosed building.
(2) No inoperative, unregistered or uninspected vehicles are to remain on the site for more than a two (2) week period unless enclosed within a building. No vehicle sales shall be permitted upon the premises.
(3) Screening, consisting of a solid fence, wall or evergreen hedge not less than six (6) feet in height shall be erected and properly maintained on the side and rear property lines.
(4) All pump islands shall be set back at least twenty (20) feet from the front property line.
(5) There shall be no more than two (2) forty (40) foot wide curb cuts or access or egress points on each abutting street.
(6) Notwithstanding Section 304.04, minimum lot areas shall be 20,000 square feet, front yard shall be 50', side and rear yards 40'.
(e) Vehicle maintenance facility and/or car wash in support of permitted use.
(f) Radio, television, communication and data transmission services and facilities including antennae and satellite dishes.
(g) Public utility facilities, provided the following additional criteria are met:
(1) any exposed equipment, apparatus, appurtenance or structure is effectively screened and/or landscaped;
(2) land area, structures and buildings are identified by suitable markers and signs where there is the potential for safety hazards;
(3) the design of any required structure housing the facility is compatible with adjoining properties and any design standards established by the Board;
(4) the facility is essential to service the area in which it is located; and
(5) no business office nor any storage yard or storage building is operated in connection with such facility.
303-A.02 "Special Exception Uses Permitted in the Airport Industrial Zone"
(a) Open lot storage, provided it meets the additional criteria specified in subsection 303-A.01(b) above.
(b) Uses of buildings or structures planned for demolition, removal or reconstruction that are compatible with permitted uses and provided the use shall not extend beyond the time such demolition, removal or reconstruction is planned to be undertaken.
(c) Motor vehicle service station (excluding auto body repair and painting), provided it meets the additional criteria specified in subsection 303-A.01(d) above.
(d) Vehicle maintenance facility and/or car wash in support of permitted use.
(e) Radio, television, communication and data transmission services and facilities including antennae and satellite dishes.
(f) Testing laboratories and facilities.
(g) Public utility facility, provided it meets the additional criteria specified in 303-A.01(g) above.
(h) Light industrial and research and development uses not dependent upon the airport and of limited duration not to exceed five (5) years.
(i) Performing arts centers and associated activities, facilities and accessory uses including celebrations, receptions, food services for patrons, gift and souvenir sales, arts and crafts demonstrations and administrative offices, provided the following additional criteria are met:
(1) The facility is not located within 1000 feet of any residential use in existence at the time of application.
(2) Adequate municipal sewerage is available or it can be demonstrated that an on-site waste disposal system can be located on the site in a manner which will be environmentally safe and have no adverse aesthetic impacts.
(3) The facility and access to the facility are designed and located in such a way as to not result in undue conflicts with other corporate, commercial, industrial or aviation activities at Pease during normal business hours.
(4) The facility is designed in such a way as to take advantage of, enhance and promote the enjoyment and use of open space and other natural features at Pease.
(5) An adequate parking plan is provided that accommodates parking sufficient for peak capacity performances. Parking plans may include the use of on-site parking, off-site parking and common parking facilities at Pease, remote parking areas and shuttle services, or any combination thereof.
(6) An environmental and economic impact statement acceptable to the PDA Board is submitted which addresses anticipated impacts associated with the proposed facility. Impacts studied shall include but not be limited to off-site and on-site impacts on surface waters, groundwaters, wetlands, surface drainage, wildlife and vegetation, economy of the Portsmouth- Newington area, employment and financial impacts on PDA, City of Portsmouth or Town of Newington relating to the provision of municipal services to the facility.
(7) A traffic and air quality impact study acceptable to the PDA Board and meeting the requirements of Section 314.02(a)(6) is submitted. If as a result of the study it is determined that traffic or air quality mitigation measures are required, a traffic and air quality mitigation plan acceptable to the PDA shall be submitted.
(8) Sound from the facility will not unreasonably disturb abutters and, where reasonably determined to be necessary by PDA, noise mitigation facilities are provided.
(9) Facility operators will provide or otherwise arrange for all traffic control, emergency response and security personnel reasonably necessary for facility events.
303-A.03 "Special Exception Uses Permitted in the Industrial Zone"
(a) Open lot storage, provided it meets the additional criteria specified in subsection 303-A.01(b) above.
(b) Motor vehicle service station (excluding auto body repair and painting), provided it meets the additional criteria specified in subsection 303-A.01(d) above.
(c) Vehicle maintenance and/or car wash facility in support of permitted use.
(d) Uses of buildings or structures planned for demolition, removal or reconstruction that are compatible with permitted uses and provided the use shall not extend beyond the time such demolition, removal or reconstruction is planned to be undertaken.
(e) Radio, television, communication and data transmission services and facilities including antennae and satellite dishes.
(f) Testing laboratories and facilities.
(g) Public utility facility, provided it meets the additional criteria specified in 303-A.01(g) above.
(h) Performing arts center and associated activities, facilities and accessory uses including celebrations, receptions, food services for patrons, gift and souvenir sales, arts and crafts demonstrations and administrative offices, provided it meets the additional criteria specified in subsection 303-A.02(i) above.
(i) Radio or television studio.
303-A.04 "Special Exceptions Permitted in the Business/ Commercial Zone"
(a) Uses of buildings or structures planned for demolition, removal or reconstruction that are compatible with permitted uses and provided the use shall not extend beyond the time such demolition, removal or reconstruction is planned to be undertaken.
(b) Motor vehicle service station, provided it meets the additional criteria as specified in subsection 303-A.01(d) above.
(c) Radio, television, communication and data transmission services and facilities including antennae and satellite dishes.
(d) Heliport as accessory use.
(e) Testing laboratories and facilities.
(f) Public utility facility, provided it meets the additional criteria as specified in subsection 303-A.01(g) above.
(g) Performing arts centers, and associated activities, facilities and accessory uses including celebrations, receptions, food services for patrons, gift and souvenir sales, arts and craft demonstrations and administrative offices, provided it meets the additional criteria as specified in subsection 303-A.02(i) above.
(h) Radio or television studio
303-A.05 "Special Exception Uses Permitted in the Natural Resource Protection Zone"
(a) Radio, television, communication and data transmission services and facilities including antennae and satellite dishes.
(b) Public utility facilities, provided it meets the additional criteria as specified in subsection 303-A.01(g) above.
[PART 303-A ADOPTED JANUARY 25, 1994]
PART 304. DIMENSIONAL REQUIREMENTS
304.01 "Airport Zone"
(a) Lot dimensional requirements shall not be applicable to the Airport Zone and shall be subject to approval by the Board.
(b) Building height shall not exceed FAA criteria.
(c) Lots fronting on taxiways or taxilanes shall comply with all FAA regulations and criteria for dimensional requirements for taxiway and taxilane design.
304.02 "Airport Industrial Zone"
(a) Lots fronting on roadways.
(1) Minimum lot size shall be 5 acres.
(2) Minimum lot frontage shall be 100 feet.
(3) Minimum front yard setback shall be 70 feet.
(4) Minimum side yard setbacks shall be 50 feet.
(5) Minimum rear yard setback shall be 50 feet.
(6) Building height shall not exceed FAA criteria.
(7) Minimum open space shall be equal to or greater than 50% of the building footprint.
(b) Airport apron lots.
(1) Lot dimensional requirements shall not be applicable to lots situated on the airport apron, and shall be subject to approval by the Board.
(2) Lots fronting on taxiways or taxilanes shall comply with all FAA criteria for dimensional standards for taxiway and taxilane design.
(3) Building height shall not exceed FAA criteria.
304.03 "Industrial Zone"
(a) Minimum lot size shall be 10 acres.
(b) Minimum lot frontage shall be 200 feet.
(c) Minimum front yard setback shall be 70 feet.
(d) Minimum side yard setbacks shall be 50 feet.
(e) Minimum rear yard setback shall be 50 feet.
(f) Building height shall not exceed FAA criteria.
(g) Minimum open space shall be equal to or greater than 50% of the building foot print.
304.04 "Airport Business and Commercial Zone"
(a) Minimum lot size shall be 5 acres.
(b) Minimum lot frontage shall be 200 feet.
(c) Minimum front yard setback shall be 70 feet.
(d) Minimum side yard setbacks shall be 30 feet.
(e) Minimum rear yard setback shall be 50 feet.
(f) Building height shall not exceed FAA criteria.
(g) Minimum open space shall be equal to or greater than 50% of the building footprint.
304.05 "Airport Natural Resource Protection Zone"
(a) Lot dimensional requirements shall not be applicable to the Airport Natural Resource Protection Zone and shall be subject to approval by the Board.
(b) Structural and natural vegetation heights shall not exceed FAA regulations or criteria or otherwise interfere with airport operations.
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