Portsmouth City Zoning Code
CHAPTER 1131
Introduction to the Zoning Code
1131.01 DESIGNATION.
Title Three of Part Eleven is hereby established and referred to as the Zoning Code.
(Ord. 2022-110. Passed 12-12-22.)
1131.02 EFFECTIVE DATE.
This Zoning Code shall be in force on the earliest date allowed by law.
(Ord. 2022-110. Passed 12-12-22.)
1131.03 PURPOSE.
The regulations in this Zoning Code are established for the promotion of public health, safety, convenience, comfort, prosperity, and general welfare.
(Ord. 2022-110. Passed 12-12-22.)
1131.04 JURISDICTION.
The provisions of the Zoning Code shall apply to all land, structures, and uses now within and hereafter annexed to the City.
(Ord. 2022-110. Passed 12-12-22.)
1131.05 REPEAL OF PRIOR ZONING CODE.
(a) This Zoning Code replaces and effectively repeals any prior zoning ordinance in effect in the city. All ordinances or parts of ordinances of the City, in conflict with any regulation, provision, amendment or supplement of this Zoning Code are, to the extent of such conflict, hereby repealed.
(b) Any enforcement action pending under the prior zoning ordinance at the date of enactment of this Zoning Code shall continue, provided that the violation is not made legal by the enactment of this Zoning Code.
(Ord. 2022-110. Passed 12-12-22.)
1131.06 CONTINUANCE.
(a) The Zoning Code shall not require any change in the plans, construction, size, or designed use of a structure for which a valid permit has been issued or lawfully approved before the effective date of this Zoning Code, provided, however, that construction under such permit or approval is started within two months of the effective date of this Zoning Ordinance, and provided that ground story framework, including structural parts of the second floor, if any, is completed within one year of the effective date of this Zoning Code.
(b) Nothing contained in this Zoning Code shall affect the validity or effectiveness of an existing Conditional Use Permit issued under the prior zoning ordinance and as thereafter amended and effective prior to the enactment of this Zoning Code.
(Ord. 2022-110. Passed 12-12-22.)
1131.07 CONFLICTING PROVISIONS.
Where the provisions of this Zoning Code establish greater restrictions on a lot, a structure, or a use than the provisions of any other ordinance or regulation, private deed restriction, or private covenant, the provisions of this Zoning Code shall govern. Where the provisions of another ordinance, regulation, private deed restriction, or private covenant establish greater restrictions than the provisions of this Zoning Code, then provisions of the other ordinance, regulation, private deed restriction, or private covenant shall govern.
(Ord. 2022-110. Passed 12-12-22.)
1131.08 PRIVATE PROVISIONS.
The provisions of this Zoning Code are not intended to nullify, abolish, or repeal any easement, covenant, or other private agreement or restriction.
(Ord. 2022-110. Passed 12-12-22.)
1131.09 COMPLIANCE REQUIRED.
Compliance with this Zoning Code is required. Failing to comply with the regulations of the Zoning Code shall constitute a violation of its provisions.
(Ord. 2022-110. Passed 12-12-22.)
1131.10 SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Zoning Code is held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Zoning Code.
(Ord. 2022-110. Passed 12-12-22.)
1131.11 MINIMUM REQUIREMENTS.
(a) Except as hereinafter provided, no structure or part thereof shall be moved, erected, converted, enlarged, reconstructed, or structurally altered except in compliance with the regulations of this Zoning Code.
(b) No structure or land shall be used or occupied except in compliance with the regulations of this Zoning Code.
(c) No structure shall be erected or structurally altered except when such structure is located on a lot.
(d) No lot shall be created or changed in dimension or area except in conformity with the requirements set forth in this Zoning Code.
(Ord. 2022-110. Passed 12-12-22.)
1131.12 RULES OF INTERPRETATION.
(a) Interpretation of Terms and Words.
(1) Except where specifically defined in the Zoning Code, all words used herein shall carry the meanings contained in a dictionary of common usages.
(2) Words used in the present tense include the future tense; the singular number includes the plural; the word "structure" includes the word "building;" the word "lot" includes the word "plot" or "parcel;" the term "shall" is always mandatory; the word "may" is permissive; the words "used" or "occupied," as applied to any land or structure, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(b) Interpreting Conjunctions. Where a regulation involves two or more items, conditions, provisions, or events which are connected by a conjunction-"and," "or," or "either...or"-the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
(3) "Either ... or" indicates that all the connected items, conditions, provisions, or events shall apply singly but not in combination.
(c) Interpreting Text and Graphics.
(1) Text in the Zoning Code is regulatory.
(2) Graphics in the Zoning Code are illustrative unless specifically captioned as regulatory.
(d) Interpreting Zoning Map Boundaries.
(1) Boundaries indicated as approximately following the centerlines of streets, highways, or alleys; platted lot lines; municipal limits; railroad lines; or the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed as such.
(2) Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Zoning Map.
(3) Where a district boundary line divides a lot that was in single ownership at the time of passage of this Zoning Code, the Building Officer may permit the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot.
(Ord. 2022-110. Passed 12-12-22.)
1131.13 RULES OF MEASUREMENT.
(a) Measuring Lot Dimensions.
(1) A lot extends to its lot lines, which should be coterminous with the lot lines of abutting lots or with the boundaries of a public right-of-way.
(2) Area dimensions are measured on a horizontal plane in plan view and do not consider topography or the actual surface area of non-level ground.
(3) Areas of lots that are occupied by easements, such as access or utility easements, contribute to total lot area and are considered in calculating impervious coverage and other standards.
(4) Lot frontage is the aggregate length of all front lot lines.
(5) Impervious coverage is the percent of the lot's horizontal plane that is occupied by impervious, man-made materials, including buildings, asphalt, concrete, swimming pools, barns, and carports, but excluding porous pavement, permeable pavers, decks with gaps between decking for drainage, lawn grasses, gardens, and other landscaping.
(b) Measuring Setbacks.
(1) When measuring a required distance, such as the minimum setback, the measurement is made at the point where the two (2) entities are closest.
(2) Where a lot borders two streets that do not intersect at a corner of the lot, such as in a through lot, two (2) front lot lines will exist, one along each right-of-way. The required front setback must be provided for each street frontage.
(3) When a lot borders two (2) or more streets that intersect at the corner(s) of the lot, such as in a corner lot, the front setback shall be provided for each street frontage.
(4) When a lot borders one street with an acute curve of fifty-five (55) degrees or more so that the street effectively creates two (2) sides of the lot, the lot line(s) along that street shall be considered a front lot line, and a front setback shall be applied to the entire lot frontage.
(5) Lot lines abutting alleys are not considered front lot lines and do not require front setbacks.
(c) Measuring Structure Height.
(1) Structure height is measured as the difference in elevation of:
A. A horizontal line at the average grade along the structure's front elevation; and
B. The highest point of the roof, including parapets and cornices.
(2) Exceptions.
A. Renewable energy generation systems may exceed the maximum structure height defined for the district by up to five (5) feet.
B. Chimneys, elevators, poles, spires, tanks, towers, and other similar projections may exceed the maximum structure height defined for the district by up to fourteen (14) feet.
C. Spires and steeples on structures used for religious assembly shall not be subject to structure height limitations.
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(Ord. 2022-110. Passed 12-12-22.)
1131.14 HOW TO NAVIGATE THIS CODE.
(a) Step One: Locate your property and applicable district on the Zoning Map.
(Ord. 2022-110. Passed 12-12-22.)