This Ordinance, the full title of which is "Zoning Ordinance, City of Portsmouth, Virginia," may, for convenience, be referred to as the "Portsmouth Zoning Ordinance," and the accompanying map, titled "Zoning Map, City of Portsmouth, Virginia," may be referred to as the "Portsmouth Zoning Map."

(A)

The City of Portsmouth's Comprehensive Plan embodies the community's vision and goals.

(B)

Two primary mechanisms for achieving the City's land use goals are the zoning and subdivision ordinances.

(C)

The Zoning Ordinance sets forth the regulations that legally enforce land use policies and establishes the rules guiding the development of land within the city as enabled in Ch. 22 of the Code of Virginia.

(D)

Similarly, the subdivision ordinance establishes the rules by which land can be divided, often setting the stage for subsequent development under the zoning regulations.

(E)

These two land use tools work hand in hand to help achieve the City's vision regarding land use and the overall well-being of the community.

This Ordinance and any amendments hereto, have been adopted for the general purpose of implementing the Comprehensive Plan of the City of Portsmouth, Virginia and for the purpose of promoting the health, safety, and general welfare of the public. To these ends, this Ordinance is designed to give reasonable consideration to each of the following purposes:

(A)

Provide for adequate light, air, convenience of access, and safety from fire, flood, crime, and other dangers;

(B)

Reduce or prevent congestion in the public streets;

(C)

Facilitate the creation of a convenient, attractive, and harmonious community;

(D)

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, and other public requirements;

(E)

Protect against the destruction of, or encroachment upon, historic areas and working waterfront development areas;

(F)

Protect against one or more of the following: overcrowding of land, undue density of population in relation to community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic, or other dangers;

(G)

Encourage economic development activities that provide desirable employment and enlarge the tax base;

(H)

Provide for the preservation and protection of the natural environment;

(I)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the city as well as a reasonable proportion of the current and future needs of the planning district within which Portsmouth is situated;

(J)

Protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;

(K)

Provide reasonable protection against encroachment upon military bases, military installations, and military airports and other adjacent safety areas, excluding armories operated by the Virginia National Guard; and

(L)

Protect surface and groundwater resources.

(A)

No land shall be developed without full compliance with the provisions of this Ordinance and approvals issued hereunder, and all applicable city, state, and federal regulations.

(B)

No application, permit or approval shall be considered on property where there is a known outstanding violation of this Ordinance, unless the application, permit, and/or approval would remedy the violation.

(C)

Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of this Ordinance as a whole, or any part hereof, other than the part so held to be unconstitutional or invalid.

(A)

The locations and boundaries of districts established in Portsmouth shall be shown on a map titled "Zoning Map, City of Portsmouth, Virginia."

(B)

The Zoning Map, as well as all notations, dimensions, designations, references and other data shown thereon, is made a part of this Ordinance to the same extent as if the information set forth on such map were fully described and incorporated herein.

(C)

A certified official copy of the Zoning Map, with all map amendments indicated thereon, shall be on digital file in the office of Portsmouth's Zoning Administrator.

Where uncertainty exists as to the boundaries of the districts shown on the Zoning Map, the following standards shall apply:

(A)

In cases where a boundary line is located within a street, alley, or stream, it shall be deemed to be in the center of the street, alley, or stream.

(B)

In cases where a boundary line approximately follows a lot line or the City's corporate line and is not more than ten feet in distance therefrom, such lot line or City corporate line shall be the boundary.

(C)

In a case of un-subdivided property, or where a zoning line divides a lot, the location of any such line shall be controlled by the dimension stated on the Zoning Map.

(D)

In accordance with Code of Virginia § 15.2-2309, the Board of Zoning Appeals (BZA) shall hear and decide applications for interpretation of the Zoning Map where there is any uncertainty as to the location of a district boundary.

(A)

Any area incorporated into the City after the effective date of this Ordinance or in every case where property has not been specifically included within a zoning district, the land shall be automatically designated as Conservation (C) until such classification is changed by an amendment to this Ordinance in accordance with Sec. 40.2-532 Zoning Text and Map Amendments.

(B)

The Planning Commission shall prepare and present to City Council a zoning plan for the new area within six months of the effective date of the incorporation of the area.

(A)

Standards for compliance with Code of Virginia § 62.1-44.15:67-79., the Chesapeake Bay Preservation Act, are located in City Code Ch. 9.1 Chesapeake Bay Preservation Area Overlay District.

(B)

Standards for floodplain management and protection, in accordance with Code of Virginia § 10.1-600, et seq., are located in City Code Ch. 14.1 Flood Protection.

(C)

Whenever any provision of this Ordinance refers to or cites a section of the Code of Virginia (1950), as amended, and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(A)

The Zoning Administrator is authorized to collect fees to cover the cost of processing applications, issuing permits, and other expenses associated with the administration of this Ordinance.

(B)

All fees under this Ordinance shall be collected in accordance with the most recent fee schedule adopted by City Council set forth in Appendix A of the City Code.

(A)

Conformance with Ordinance.

(1)

No building or structure shall be erected, and no existing building shall be moved, altered, added to, or enlarged, nor shall any land, building, or structure be used, occupied, designed, or arranged to be used for any purpose or in any manner not in conformance with the regulations of this Ordinance.

(2)

Except as otherwise expressly permitted by this Ordinance, every building hereafter erected shall be located on a lot as defined in Article VI Definitions.

(B)

Uses Not Specifically Listed. 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(B) Uses Not Specifically Listed are prohibited.

(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 40.2-110(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. A lot that is subject to proffers as of the effective date shall continue to be subject to the proffers unless and until the lot is rezoned or the proffers amended in accordance with Article V Administration.