In addition to the criteria required to be met for a CUP, the following criteria shall apply to the issuance of a CUP for the expansion of a non-conformity:
(A) The termination of such non-conformity will result in unnecessary hardship;
(B) The continuation of the non-conformity will not be contrary to the public interest;
(C) The continuation of the non-conformity will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district;
(D) The use will be in harmony with the spirit and purpose of these regulations and the Comprehensive Plan goals, objectives and policies;
(E) The plight of the applicant for which the continuation of the non-conformity is sought is due to unique circumstances existing on the property and/or within the surrounding district;
(F) The continuation of the non-conformity will not substantially weaken the general purposes of this chapter or the regulations established in this chapter for the applicable zoning district;
(G) The continuation of the non-conformity will not adversely affect the public health, safety, and welfare; and
(H) The continuation of the non-conformity through a reasonable amortization period is appropriate.
(Ord. 3020, passed 9-10-2013, § 8.17.2)