No building shall be erected or used, and no
land shall be used, or lot created or divided unless in conformity
with the regulations of this Ordinance or other Ordinances of the
Town of Portsmouth. All other buildings, and all other uses of land
or of buildings, are hereby expressly prohibited, except those already
lawfully existing which by the provisions of this Ordinance, become
lawfully non-conforming.
This ordinance is designed to address the following
purposes. The Town of Portsmouth recognizes these purposes, each with
equal priority and numbered for reference purposes only:
1. Promote the public health, safety, and general welfare.
2. Provide for a range of uses and intensities of use
appropriate to the character of the Town, reflecting current and expected
future needs, with reasonable consideration of the character of the
districts and their peculiar suitability for particular uses.
3. Provide for orderly growth and development which recognizes:
a) The goals and patterns of land use contained in the
comprehensive plan of Portsmouth;
b) The natural characteristics of the land, including
its suitability for use based on soil characteristics, topography,
and susceptibility to surface or groundwater pollution;
c) The values and dynamic nature of coastal and freshwater
ponds, the shoreline, and freshwater and coastal wetlands;
d) The values of unique or valuable natural resources
and features;
e) The availability and capacity of existing and planned
public and/or private services and facilities, as well as the Town's
ability to provide them;
f) The need to shape and balance urban and rural development,
to prevent overcrowding of land; to avoid undue concentration of population;
and
g) The conservation of the value of buildings.
4. Provide for the control, protection, and/or abatement
of air, water, groundwater, and noise pollution, and soil erosion
and sedimentation;
5. Provide for the protection of the natural, historic,
cultural, and scenic character of Portsmouth and areas herein;
6. Provide for the preservation and promotion of agricultural
production, forest, silviculture, aquaculture, timber resources, and
open space;
7. Provide for and protect the public investment in transportation,
water, stormwater management systems, sewage treatment and disposal,
solid waste treatment and disposal, schools, roads, recreation, public
facilities, open space, and other public requirements;
8. Promote a balance of housing choices, for all income
levels and groups, to assure the health, safety and welfare of all
citizens and their rights to affordable, accessible, safe, and sanitary
housing;
9. Provide opportunities for the establishment of low
and moderate income housing;
10. Promote safety from fire, flood, and other natural
or man-made disasters;
11. Promote a high level of quality in design in the development
of private and public facilities;
12. Promote implementation of the comprehensive plan of
Portsmouth adopted pursuant to Chapter 45-22.2 of the Rhode Island
General Laws;
13. Provide for coordination of land uses with contiguous
municipalities, other municipalities, the state, and other agencies,
as appropriate, especially with regard to resources and facilities
that extend beyond municipal boundaries or have a direct impact on
that municipality;
14. Provide for efficient review of development proposals,
to clarify and expedite the zoning approval process;
15. Provide for procedures for the administration of the
zoning ordinance, including, but not limited to, variances, special-use
permits, and, where adopted, procedures for modifications;
16. Provide for coordination, as necessary, with contiguous
communities and the State.
This ordinance shall be interpreted and administered
in a manner consistent with Comprehensive Community Plan, dated 1992
as amended. In the instance of uncertainty in the construction or
application of any section of this ordinance, the ordinance shall
be construed in a manner that will further the implementation of,
and not be contrary to, the goals and policies and applicable elements
of said Comprehensive Plan.
Nothing contained in this Ordinance shall prevent
or be construed to prevent the continuance of the use of any building
or improvement for any purpose to which such building or improvement
or land is lawfully devoted at the time of enactment of this Ordinance.