(A) The Board may permit the expansion of a nonconforming use or structure upon written findings that the following standards have been met:
(1) That the use, building, or structure was lawful when permitted or constructed;
(2) Continuance thereof would not be contrary to the public health, safety, or welfare or the spirit and intent of this chapter;
(3) That the use, building, or structure does not, and is not likely to, significantly depress the value of nearby properties;
(4) That no useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use, building, or structure does not conform; and
(5) Expansion shall not have an adverse impact on adjoining property.
(B) In permitting such an expansion of a nonconforming building or use, the Board may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter, including upgrading the premises to comply as nearly as is practicable with the requirements of this chapter. Notice of approval, including any conditions attached, shall be recorded with the Wayne County Register of Deeds before the issuance of any permit or certificate of compliance.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)