§ 35-709. Expansion of Nonconforming Use by Specific Use.

(a)

Applicability. No existing use which does not conform to the zoning district of the property affected may be permitted to expand unless a specific use permit has been granted by the city in accordance with the procedures set forth in section 35-423 of this chapter.

(b)

Criteria for Specific Use Permit. In addition to the criteria set forth in subsection 35-423(e) for a specific use permit, the following criteria shall apply to the issuance of a specific use permit for the expansion of a nonconforming use:

(1)

The termination of such use will result in unnecessary hardship.

(2)

Such continued use will not be contrary to the public interest.

(3)

Such continued use will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

(4)

Such continued use will be in harmony with the spirit and purpose of this chapter.

(5)

The plight of the applicant for which the continued use is sought is due to unique circumstances existing on the property and/or within the surrounding district.

(6)

The continued use will not substantially weaken the general purposes of this chapter or the regulations established in this chapter for the special district.

(7)

The continued use will not adversely affect the public health, safety and welfare.