Portsmouth: What type of home business is OK in a residential area?

Comprehensive plan’s economic development section debated

By Jim McGaw
Posted 3/28/22

A debate with a taxpayer over commercial enterprises within residential districts highlighted the Town Council’s continuation of a public hearing on the Comprehensive Community Plan (CCP) on …

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Portsmouth: What type of home business is OK in a residential area?

Comprehensive plan’s economic development section debated

Posted

PORTSMOUTH — A debate with a taxpayer over commercial enterprises within residential districts highlighted the Town Council’s continuation of a public hearing on the Comprehensive Community Plan (CCP) on March 21.

The council tentatively approved five elements of the plan — a road map to guide Portsmouth’s growth and development over the next 20 years — all in unanimous votes, after giving the green light to the first three elements on March 7. The panel is scheduled to wrap up its review of the CCP by examining elements 9 through 12 — earlier elements may also be discussed — at 7 p.m. on Monday, April 4, at Town Hall.

The element that generated the most discussion on March 21 was No. 5, economic development. Local resident Tom Grieb said he disagreed with one of the action items (ED-2.3a) intended to support the growth of home occupations as an important component of business activity in town. 

The item reads: “Review and amend (as necessary) provisions in the Portsmouth Zoning Ordinance regulating home occupations, balancing support for the expansion of business activity and the potential impacts to residential neighborhoods.” (The council later voted unanimously to add the word “negative” after “potential.”)

Town Planner Gary Crosby said he included the language in the draft CCP because the town’s tax rolls have seen a big increase in home occupations, and that the language in the current zoning ordinance is 38 years old and may need more review.

Grieb argued the action item was misguided and should be deleted, as some things have no place in residential zones. He said it would allow residents to “start taking in car repair work” or starting a “hairdressing establishment in their home,” which could increase traffic in a neighborhood.

Council member Keith Hamilton said Grieb was misreading the action item’s intent.

“It doesn’t say we’re going to start jamming down businesses into residential like you’re implying. If you’re reading that somebody is going to start an auto repair shop in their garage, you’re really stretching it,” Hamilton said. The town’s zoning ordinance already has built-in protections to prevent a home business from becoming a nuisance, he added.

He asked Grieb if he would have a problem with someone starting an accounting service in his or her home. Grieb replied he might, if enough cars came to the house. In addition, the CCP as written is “clearly pro-business in a residential neighborhood,” and doesn’t differentiate between an accountant and something industrial, he said.

“We need to protect the residential areas. Ninety percent of your taxes paid in this town come from the residential owners,” Grieb said.

Council President Kevin Aguiar said he was comfortable with the language, 

“Portsmouth’s a little unique because … the way things are zoned is very spread out,” said Aguiar. While conceding that perhaps the town should identify which home businesses are allowable, he agreed with Hamilton that the zoning ordinance already sets requirements for such enterprises.

“I don’t think auto repair would fall under a home occupation,” Aguiar said.

After making some other minor changes to the economic development element, including language recognizing that “agribusiness is a vital part of the town’s economy,” the council tentatively approved the element in a unanimous vote.

Three other elements OK’d

The council also tentatively approved the following three elements in unanimous votes:

• No. 6 (agriculture) — The council added language mentioning the student-run AgInnovation Farm at Cloverbud Ranch on Jepson Lane.

• No. 7 (services and facilities)

• No. 8 (energy) — The council added language to include mentions of electric vehicle charging stations and municipal energy-efficient vehicles.

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Meet our staff
Jim McGaw

A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.