2004 Ordinances - Laserfiche WebLink

Home Browse Search

(4) Permitted Encroachments into the Buffer Area. (a) When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the Director af Planning, after consulting with the City Engineer, may allow encroachments into the buffer in accordance with the following criteria: 1. Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; 2. Where practicable, a vegetated area equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and 3. The encroachment may not exceed into the seaward 50 feet of the buffer area. (b) When the application of the buffer area would result in the loss of a buildable area on a Iot or parcel recorded between October 1, 1989 and March 1, 2002, encroachments may be allowed through the exception process described in Section 9.1-12 (C) in accordance with the following criteria: 1. The lot or parcel was created as a result of a legal process conducted in conformance with Chapter 33 (Subdivision Ordinance) of the Portsmouth City Code; 2. Conditions or mitigation measures imposed through a previously approved exception shall be met; 3. If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained, as required; and 4. The requirements set forth in the above listed subsection 4 (a)l-(a)3 have been met. (5) Permitted Modifications of the Buffer Area. In order to achieve the functional value of the buffer, existing vegetation may be removed, subject to approval by the City Planning Director, only to provide for reasonable sight lines, access paths, general woodlot management and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: