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MapLink™ | Procedures | Board of Adjustment

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Board of Adjustment
(a) Generally.
The board may authorize upon appeal in specific cases such variance from the height, yard area, coverage, and parking regulations set forth in this article as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification.

(b) Findings required.
The board shall not grant a variance from the terms of this article unless and until it finds that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) The literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article; and
(3) That the special conditions and circumstances do not result from the actions of the applicant.
(c) Variance to uses.
Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this article in the district involved, or any use expressly or by implication prohibited by the terms of this article in said district.

(d) Variances to adjoining lots.
No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.