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applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the city. The city may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held. After all required actions of the approved site plan have been completed, the applicant must submit a written request for a final inspection. If the requirements of the 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 IIIB surveyor before making a final inspection. (h) Administrative responsibility. Administration of the plan of development process shall be in accordance with the zoning ordinance set out in chapter 40.2 or chapter 33.1 regarding subdivisions. (i) Denial of plan, appeal of conditions or modifications. In the event the final plan or any component of the plan of development process is disapproved and recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the circuit court having jurisdiction over the land in accordance with the procedures set forth in section 33.1-9 of the Code. Sec. 9.1-12. Nonconformities, exemptions and exceptions. (a) Nonconforming uses and noncomplying structures. The lawful use of a building or structure located in a Chesapeake Bay Preservation Area 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 may grant a nonconforming use and development waiver for principal structures on legal nonconforming lots or parcels to provide for remodeling or modification of such nonconforming structures provided that: a. There will be no increase in nonpoint source pollution load; b. Any development or land disturbance exceeding an area of 2,500 feet complies with all erosion and sediment control requirements of this chapter; and C. There shall be no expansion of the footprint of the nonconforming structure or use. (2) The director of planning may grant a nonconforming use and development waiver for principal structures on legal nonconforming lots or parcels to provide for expansion of or addition to such nonconforming structures provided that: a. There will be no increase in nonpoint source pollution load; b. Any development or land disturbance exceeding an area of 2,500 feet complies with all erosion and sediment control requirements of this chapter; and 23