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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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cable television lines owned, permitted or both by the City or <br /> regional service authority are further conditioned that: <br /> <br /> a. To the degree possible, the location of such utilities and <br /> facilities should be outside the Resource Protection Area; <br /> b. No more land shall be disturbed than is necessary to <br /> provide the proposed utility installation; <br /> c. All such construction, installation and maintenance of such <br /> utilities and facilities shall be m compliance with all <br /> applicable state and federal permits and designed and <br /> conducted in a manner that protects water quality; and <br /> d. Any land disturbance exceeding an area of 2,500 square <br /> feet complies with Chapter 11 (Erosion and Sediment <br /> Control Ordinance) of the Portsmouth City Code. <br /> <br /> (c) Exceptions. <br /> <br /> (1) An application for an exception to the requirements of Chapter 9.1- <br /> 10 shall be made in writing to the Director of Planmng on a form <br /> provided by the Director. The Director of Plarming shall accept no <br /> such application unless accompanied by a non-refundable fee in <br /> the amount of two hundred fifty dollars ($250.00). The application <br /> shall identify the impacts of the proposed exception on water <br /> quality and on lands within the RPA through the performance of a <br /> water quality impact assessment, which complies, with the <br /> provisions of Section 9.1-11 (F). <br /> <br /> (2) The Director shall notify the adjacent property owners of such <br /> request, shall cause a sign to be posted on the property and shall <br /> cause to be published a legal notice of a public hearing in <br /> accordance with the Zoning Ordinance. <br /> <br /> (3) 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 the <br /> Planning Commission finds that: <br /> <br /> a. Granting the exception will not confer upon the applicant <br /> any special privileges that are denied by this Chapter to <br /> other property owners in the Overly District; <br /> b. The exception request is not based upon conditions or <br /> circumstances that are self-created or self-imposed, nor <br /> does the request arise from conditions or circumstances <br /> either permitted or nonconforming that are related to the <br /> adjacent parcels; <br /> <br /> <br />
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