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2004 Ordinances
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2004 Ordinances
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2/6/2009 3:38:59 PM
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2/2/2004 6:26:54 PM
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b. Any development or land disturbance exceeding an area of <br /> 2,500 square feet complies with all erosion and sediment <br /> control requirements afthis Chapter; and <br /> c. There shall be no expansion of the nonconforming <br /> structure. <br /> <br /> (2) An application for a nonconforming use and development waiver <br /> shall be made to and upon forms furnished by the Zoning <br /> Administrator and shall include for the purpose of proper <br /> enforcement of this Chapter, the following information: <br /> <br /> a. Name and address of applicant and property owner; <br /> b. Legal description of the property and type of proposed use <br /> and development; <br /> c. A sketch of the dimensions of the lot or parcel, location of <br /> buildings and proposed additions relative to the lot line, and <br /> boundary of the Resource Protection Area; and <br /> d. Location and description of any existing private water <br /> supply or sewage system. <br /> <br /> (3) A nonconforming use and development waiver shall become null <br /> and void twelve months from the date issued if no substantial work <br /> has commenced. <br /> <br /> (4) It is not the intent of the Ordinance to prevent the reconsruction of <br /> pre-existing structures within CBPA's from occurring as a result of <br /> casualty loss unless otherwise restricted by the City Code. <br /> <br /> (b) Public Utilities. railroads, public roads and facilities exemptions. <br /> <br /> Construction, installation, operation and maintenance of electric, natural gas, <br />fiber-optic and telephone ucansmission lines, railroads and public roads and their <br />appurtenant structures in accordance with Chapters 11 and 31.1 of the Portsmouth City <br />Code shall be found to be exempt. <br /> <br /> (1) The exemption of public roads is further conditioned by: <br /> <br /> a. The optimization of the road alignment and design, <br /> consistent with other applicable reqmrements to prevent or <br /> minimize encroachments into the Resource Protection <br /> Area; and <br /> b. The optimization of the road alignment and design that <br /> minimizes the adverse affects of water quality. <br /> <br /> (2) The exemption for the construction, installation and maintenance <br /> of water, sewer, natural gas, underground telecommunications and <br /> <br /> <br />
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