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approved plan have been completed to the satisfaction of the City Engineer, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within 60 days following the receipt of the applicant's request for final inspection. The City Engineer may require a certificate of substantial completion from a Professional Engineer or Class III B Surveyor before making a final inspection. (h) Administrative Responsibility. Administration of the plan of development process shall be in accordance with the Zoning Ordinance or Chapter 33. (i) Denial of Plan, Appeal of Conditions or Modifications. In the event the final plan or any component of the plan of developmem process is disapproved and recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the Planning Commission. In granting or denying an appeal, the Planning Commission must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this Chapter. If the Planning Commission finds that the applicant's plan does not meet the above stated criteria, it shall deny approval of the plan. Section 9.1-12. Nonconformities, Exemptions and Exceptions. (a) Nonconforming uses and noncomplying structures. The lawful use of a building or structure which existed on September 1, 1990, and which is not in conformity with the provisions of this Chapter may be continued in accordance with the provisions of the Zoning Ordinance. No change or expansion of use shall be allowed with the exception that: (1) The Director of Planning and Zoning may grant a nonconforming use and development waiver for principal structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures provided that the City Engineer has certified that: a. There will be no increase in nonpoint source Pollution load;