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<br /> <br />AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA BY REPEALING CHAPTER 40 THEREOF, AND ADOPTING A <br />NEW CHAPTER 40.1, PERTAINING TO ZONING. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br />1. That the current City Zoning Ordinance, Chapter 40 of the Code of the <br />City of Portsmouth, Virginia (2006), be repealed and that a new City Zoning Ordinance, <br />Chapter 40.1 be adopted. <br /> <br />2. All zoning actions approved before the effective date of this ordinance, <br />including any conditions and amendments thereto, shall continue in full force and effect <br />until or unless the City Council amends or repeals such zoning action or until the <br />expiration date of a permit, whichever occurs first, in accordance with the requirements <br />of this Chapter and the Code of Virginia (1950), as amended. This provision shall apply <br />to the following zoning actions: <br /> <br />A. Rezoning Subject to Proffers <br />B. Conditional Rezoning <br />C. Use Permits <br />D. Variance <br />E. Special Exceptions <br /> <br />Unless the zoning action is also permitted under the new Zoning Ordinance, <br />properties subject to such zoning actions shall be deemed nonconforming and shall <br />comply with the provisions of Article 40.1-6 of the new City Zoning Ordinance in <br />addition to any conditions imposed or activities approved by the zoning action <br /> <br />2. That, until available in published form and online, a copy of the adopted <br />Chapter 40.1 shall be available for review and use in the City's Office of Planning. <br /> <br />3. That this ordinance shall take effect on May 1,2010. <br /> <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held <br />on February 9, 2010. <br /> <br />Teste: <br /> <br />City Clerk <br />