2020 Ordinances - Laserfiche WebLink

Home Browse Search

City of Portsmouth Zoning Ordinance Article I. — General Provisions Sec. 40.2 -110 —Transitional Rules 11/6/2020 For the purposes of this Ordinance, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this Ordinance and subject to Sec. 40.2 - 208(8) Uses Not Specifically Listed are prohibited. Sec. 40.2 -110 — Transitional Rules (A) Effective Date This effective date of this Ordinance is February 1, 2021 and as of that date this Ordinance replaces the prior City of Portsmouth Zoning Ordinance (City Code Ch. 40.1). (B) Violations Continue Any violation of a provision of City Code Ch. 40.1 occurring prior to the Effective Date shall continue to be a violation of this Ordinance unless the substantive provision of City Code Ch. 40.1 that was violated has been amended by this Ordinance such that the condition, action or inaction which resulted in the violation would not violate the substantive provisions of this Ordinance. (C) Zoning Approvals Prior to Effective Date (1) Except for variance applications as provided in Subsection 40.2- 110(C)(4) below, applications for zoning or development approvals that are accepted on or before November 20, 2020 shall be reviewed and processed in accordance with the development standards of City Code Ch. 40.1 that were in effect as of its repeal. (2) Any zoning or development approval that is either (a) issued prior to the Effective Date or (b) issued for an application accepted on or before November 20, 2020 in accordance with Subsection 40.2-11 O(C)(1) above shall remain valid until its expiration date. (a) Development pursuant to any such approval shall be in accordance with the standards of City Code Ch. 40.1 that were in effect as of its repeal. (b) If the zoning or development approval expires or is revoked, any subsequent development shall be subject to the standards of this Ordinance. (c) To the extent development grandfathered under this Subsection 40.2- 110(C) does not comply with the standards of this Ordinance, the development, although permitted, shall be nonconforming and subject to the provisions of Article IV Nonconformities. (3) Applications for zoning or development approvals that are accepted after November 20, 2020 shall be reviewed and processed in accordance with the standards and provisions of this Ordinance. (4) Notwithstanding Subsections 40.2 - 110(1) -(3) above, any application for a Variance that is heard by the BZA after the Effective Date shall be subject to, and determined in accordance with, the standards of this Ordinance. (D) Approved Zoning Subject to Proffers Page 4