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Modifications to a nonconforming use, structure, or site improvement may be reviewed and approved by the Department pursuant to the code compliance review process of Chapter 14.30 CMC; provided, that:

(1) The modification does not expand any existing nonconformance; and

(2) The modification does not create a new type of nonconformance. (Ord. 10-10 § 3 (Exh. C); Ord. 42-02 § 2 (21A.32.055))