1123.04 EXCEPTIONS TO THE NON-CONFORMING REGULATIONS.
   Exceptions to the non-conforming regulations may be permitted by the Board of Zoning Appeals in the following cases:
   (a)   A non-conforming residential use may be substantially improved or repaired one (1) time. For the purposes of this Chapter, substantial improvements shall mean structural improvements which increase the size of a residential unit by twenty five (25) percent.
   (b)   Nothing in these regulations shall be interpreted to prevent normal maintenance, operation or repair of a premises, or the alteration, repair, or improvement of a premises to comply with an order to improve the property to minimum building code standards.
   (c)   An existing facility or operation may be permitted to replace existing structures or machinery in order to modernize such facility. No such replacement shall result in the expansion by more than ten (10) percent of the floor area of the structure or facility existing at the time, or more than ten (10) percent of the land coverage on the site existing at the time of enactment of these regulations. The replacement of an existing structure for modernization or any associated expansion shall require that the property comply with the regulations of this Zoning Code, including but not limited to parking regulations, setback requirements, landscaping requirements, buffer requirements and sign regulations.
      (Ord. 2013-04-CD. Passed 4-2-13.)