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<br />. <br /> <br />. <br /> <br />. <br /> <br />Administration of the plan of development process shall be in accordance with the <br />Zoning Ordinance or Chapter 33. <br /> <br />(i) Denial of Plan, Appeal of Conditions or Modifications. <br /> <br />In the event the final plan or any component of the plan of development process is <br />disapproved and recommended conditions or modifications are unacceptable to the <br />applicant, the applicant may appeal such administrative decision to the Planning <br />Commission. In granting or denying an appeal, the Planning Commission must find such <br />plan to be in accordance with all applicable ordinances and include necessary elements to <br />mitigate any detrimental impact on water quality and upon adjacent property and the <br />surrounding area and such plan meets the purpose and intent of the performance <br />standards in this Chapter. If the Planning Commission finds that the applicant's plan <br />does not meet the above stated criteria, it shall deny approval of the plan. <br /> <br />Section 9.1-12. <br /> <br />Nonconformities, Exemptions and Exceptions. <br /> <br />(a) Nonconforming uses and noncomplying structures. <br /> <br />The lawful use of a building or structure located in a Chesapeake Bay <br />Preservation Area which existed on September 1, 1990, and which is not in conformity <br />with the provisions of this Chapter may be continued in accordance with the provisions of <br />the Zoning Ordinance. <br /> <br />No change or expansion of use shall be allowed with the exception that: <br /> <br />(I) The Director of Planning and Zoning may grant a nonconforming <br />use and development waiver for principal structures on legal <br />nonconforming lots or parcels to provide for remodeling and <br />alterations to such nonconforming structures provided that the City <br />Engineer has certified that: <br /> <br />a. There will be no increase in nonpoint source pollution load; <br />b. Any development or land disturbance exceeding an area of <br />2,500 square feet complies with all erosion and sediment <br />control requirements of this Chapter; and <br />c. There shall be no expansion of the footprint of the <br />nonconforming structure or use. <br /> <br />(2) <br /> <br />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 />