Portsmouth City Zoning Code
CHAPTER 1139
Nonconformities
1139.01 NONCONFORMITIES.
(a) Nonconformities are lots, structures, or uses that:
(1) Existed at the date of enactment of this Zoning Code, were permitted or otherwise legally allowed under the prior zoning ordinance, and do not comply with the regulations of this Zoning Code; or
(2) Existed at the date of an amendment to this Zoning Code, were permitted or otherwise legally allowed under this Zoning Code prior to such amendment, and do not comply with the regulations of this Zoning Code after the enactment of the amendment.
(b) Regulations are categorized into regulations for nonconforming lots, nonconforming structures, and nonconforming uses, and are set forth in the following sections.
(Ord. 2022-110. Passed 12-12-22.)
1139.02 NONCONFORMING LOTS.
The construction of a conforming structure or the conduct of a permitted use shall be allowed on any nonconforming lot of record which does not comply with the Zoning Code's minimum lot area or minimum lot frontage standards.
(Ord. 2022-110. Passed 12-12-22.)
1139.03 NONCONFORMING STRUCTURES.
(a) Permitted uses may continue to be conducted in nonconforming structures.
(b) Structures, which by reason of GFA, lot impervious coverage, location on the lot, height, other dimension, appurtenance, or architectural feature are in conflict with the regulations of this Zoning Code, may be altered, reconstructed, or extended only in such manner that the alteration, reconstruction, or extension will not increase the nonconforming area or volume of the structure.
(c) Nonconforming signs are considered nonconforming structures for the purposes of this chapter.
(d) This Zoning Code shall not prevent the necessary maintenance of any part of any nonconforming structure.
(Ord. 2022-110. Passed 12-12-22.)
1139.04 NONCONFORMING USES.
(a) The nonconforming use of a lot or a structure may be continued, expanded, or changed only if:
(1) The nonconforming use is changed to a permitted use;
(2) The nonconforming use is changed to a use determined by the Building Officer to be similar in definition and impact as a permitted use; or
(3) The nonconforming use is expanded within an existing structure that it currently occupies and that is manifestly arranged or developed for such use.
(b) No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of six (6) months or longer, except in the case of a calamity, as regulated in this section.
(c) A nonconforming use or uses within any structure damaged by fire, explosion, flood, riot, or act of nature may be continued as prior to such calamity, provided that:
(1) Reconstruction of the structure within which the use was and will be conducted is started within twelve (12) months of such calamity and is continued in a reasonable manner until completion; and
(2) Reconstruction of the structure within which the use was and will be conducted does not result in a larger area dedicated to the nonconforming use than prior to the calamity.
(Ord. 2022-110. Passed 12-12-22.)