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required permit, subject to the separate requirements for such Permit. Sec. 40-53 ~ 2. Exemptions. Nothing in this Chapter shall prevent the owner of a building, structure or property in a historic district from performing any maintenance, alteration or painting to the external architectural features of such building, structure or property which does not involve a change in design, material, color or the outward appearance thereof and which maintenance, painting or alteration is of such nature that it may lawfully be effected without a permit from the director of environmental services, provisions of this article to the contrary notwithstanding, except that when any structure is fully repainted, the new paint color or colors must conform to the approved paint color chart for the district in which the structure is located. This Chapter shall not prevent any repair, maintenance, painting or alteration of any such feature which the building official shall certify to be required by the public safety because of unsafe or dangerous condition, Sec, 40-53.3. Special exceptions for non-COnforming buildings and uses. (a) A nonconforming building or use, legally in existence prior to September 23, 1971 within the Olde Towne Historic District, or legally in existence in Truxtun prior to March 25, 1975, or legally in existence in Cradock prior to February 10, 1976, or legally in existence in Park View prior to April 1, 1984, or legally in existence in Port Norfolk prior to April 26, 1983, may apply to the board of zoning appeals for permission to expand such use. (b) Where such expansion entails renovation, remodeling, rehabilitation or other form of structural change, plans, drawings and engineering data shall be submitted to the building official and the commission of architectural review and approval strictly in accordance with the principles and procedures established elsewhere in this article. (c) (d) (e) If the application is deemed eligible for a certificate of appropriateness from the commission of architectural review and is otherwise under building, plumbing, electrical, gas and other pertinent codes, the board of zoning appeals shall proceed to determine whether a special exception shall be granted allowing such nonconforming use to expand. No such exception shall be granted unless the board finds that such requested exception would not be injurious to the neighborhood, that denial woUld create severe and undue hardship for the applicant, and that denial of the application will result in no appreciable benefit to the neighborhood. In passing on such application, the board shall strictly adhere to the principles and procedures set forth in the Code of Virginia. Sec. 40-53.4. Issuance with COnditions or modifications in hardship cases. 78