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12/15/2020 5:17:07 PM
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1/21/2020 3:31:41 PM
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City of Portsmouth Zoning Ordinance 11/6/2020 <br />Article II. — Zoning Districts <br />Sec. 40.2 -200 — General Provisions <br />Applicability <br />Article II. — Zoning Districts <br />Sec. 40.2 -200 — General Provisions <br />(A) Applicability <br />(1) The provisions of this Ordinance shall apply to all property within the corporation limits <br />of the City of Portsmouth, Virginia, under all circumstances, with the following <br />exceptions: <br />(a) Development by the United States of America; <br />(b) Development by the Commonwealth of Virginia; <br />(c) Public right -of -way; <br />(d) Development by the City, its agencies, or departments during a declared local <br />emergency. The City Council shall ratify such exemption after the fact at its next <br />regularly scheduled meeting, and shall base its ratification on specified findings of <br />fact related to the emergency involved; <br />(e) Where precluded by applicable law; and <br />(f) Development of a property by or at the direction of the City for a civic use to be <br />operated by the City; provided that said development shall only occur in Zoning <br />Districts where the specific civic use is authorized under Table 40.2 -215 Use Table. <br />(2) This Ordinance shall not be deemed to interfere with, abrogate, annul, or otherwise affect <br />any easements, covenants, or other agreements between parties, except that no such <br />easement, covenant or other agreement shall abrogate, annul, or otherwise affect the <br />parties' obligation to comply with the restrictions, requirements, and other terms of this <br />Ordinance. <br />(B) Types of Zoning Districts <br />(1) Land within the City is classified by this Ordinance to be within one of number of base <br />zoning districts. <br />(2) Land within any zoning district may also be classified into one or more overlay zoning <br />districts, in which case regulations governing development in the overlay district shall <br />apply in addition to the regulations governing development in the underlying zoning <br />district, unless expressly stated otherwise. <br />(C) Compliance with District Standards <br />No land within the City shall be developed except in accordance with the zoning district <br />regulations of this article and all other regulations of this Ordinance. <br />(D) Conflicts <br />If a provision of this Ordinance conflicts with a provision of federal, state or local law, then <br />except where expressly stated to the contrary in this Ordinance, the more restrictive provision <br />shall control. <br />Page 6 <br />
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