§ 1006-4.408. Building permit issuance after appeal—Conditions required.

The board of adjustment shall grant the permit only if all the following are true:

(1)

There are special circumstances or conditions relating to the property upon which the proposed building, structure, or other improvement is sought to be placed;

(2)

Granting the application is necessary for the preservation and enjoyment of substantial property rights; and

(3)

Balancing the interests of the public in preserving the integrity of the master plan of streets and highways against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.

(Ord. 71-20 § 1 (part), 1971).

Article 1006-4.6. Exemptions