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the satisfaction of the Director of Planning that: <br /> <br />(1) Any required permits, except those to which this <br /> exemption specifically applies, shall have been issued; <br /> <br />(2) Sufficient and reasonable proof is submitted that the <br /> intended use will not deteriorate water quality; <br /> <br />(3) The intended use does not conflict with nearby planned <br /> or approved uses; and <br /> <br />(4) <br /> <br />Any land disturbance exceeding an area of 2500 square <br />feet shall comply with all City of Portsmouth erosion <br />and sediment control requirements. <br /> <br /> D. It is not the intent of this ordinance to prevent the <br />reconstruction of pre-existing structures within CBPA's from <br />occuring as a result of casualty loss unless otherwise restricted <br />by the City Code. <br /> <br />Section 9.1-14. <br /> <br />Exceptions. <br /> <br /> A. An application for an exception to the requirements of <br />this Overlay District shall be made in writing to the Director of <br />Planning on a form provided by the Director. No such application <br />shall be accepted by the Director of Planning unless accomplanied <br />by a non-refundable fee in the amount of one-hundred dollars <br />($100.00). The application shall identify the impacts of the <br />proposed exception on water quality and on lands within the RPA <br />through the performance of a water quality impact assessment <br />which complies with the provisions of Section 9.1-11F. <br /> <br /> B. The Director shall cause a sign to be posted on the <br />property and shall cause to be published a legal notice of a <br />public hearing in accordance with of the Zoning Ordinance. <br /> <br /> C. The Planning Commission shall review the request for an <br />exception and the water quality impact assessment and may grant <br />the exception with such conditions and safeguards as deemed <br />necessary to further the purpose and intent of this Chapter, if <br />the Planning Commission finds that: <br /> <br />(1) <br /> <br />Granting the exception will not confer upon the <br />applicant any special privileges that are denied by <br />this Chapter to other property owners in the Overlay <br />District; <br /> <br />27 <br /> <br /> <br />