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2009 Ordinances
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2009 Ordinances
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12/15/2009 3:59:24 PM
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<br />- ,. <br />.. <br /> <br />oA <br /> <br />( <br />~ <br /> <br />(a) Nonconforming uses and noncomplying structures. The lawful use of a <br />building or structure located in a Chesapeake Bay Preservation Area which existed on <br />September 1, 1990, and which is not in conformity with the provisions of this chapter <br />may be continued in accordance with the provisions of the zoning ordinance. No change <br />or expansion of use shall be allowed with the exception that: <br /> <br />(1) The director of planning may grant a nonconforming use and <br />development waiver for principal structures on legal nonconforming lots <br />or parcels to provide for remodeling and alterations to such <br />nonconforming structures provided that the city engineer has certified that: <br /> <br />a. There will be no increase in nonpoint source pollution load; <br /> <br />b. Any development or land disturbance exceeding an area of <br />2,500 feet complies with all erosion and sediment control <br />requirements of this chapter; and <br /> <br />c. There shall be no expansion of the footprint of the <br />nonconforming structure or use. <br /> <br />(2) The director of planning may grant a nonconforming use and <br />development waiver for principal structures on legal nonconforming lots <br />or parcels to provide for expansion to such nonconforming structures <br />provided that the city engineer has certified that: <br /> <br />a. There will be no increase in nonpoint source pollution load; <br /> <br />b. Any development or land disturbance exceeding an area of <br />2,500 feet complies with all erosion and sediment control <br />requirements of this chapter; and <br /> <br />c. The City Engineer has found the requirements under section <br />9.1-12(c)(3) have been met. <br /> <br />(3) An application for a nonconforming use and development waiver <br />shall be made to and upon forms furnished by the zoning administrator <br />and shall include for the purpose of proper enforcement of this chapter, the <br />following information: <br /> <br />a. Name and address of applicant and property owner; <br /> <br />b. Legal description of the property and type of proposed use and <br />development; <br /> <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 RP A; and <br />
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