When Does the ZBA Grant a Certificate?

Section 14-1804 of the Zoning Code states:

(1) The Zoning Board of Adjustment shall consider the following criteria in granting a Zoning Board of Adjustment Certificate …

(a)     that the grant of the Certificate will not substantially increase congestion in the public streets;

(b)     that the grant of the Certificate will not increase the danger of fire or otherwise endanger the public safety;

(c)     that the grant of the Certificate will not overcrowd the land or create an undue concentration of population;

(d)     that the grant of the Certificate will not impair an adequate supply of light and air to adjacent property;

(e)     that the grant of the Certificate will not adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities;

(f)     that the grant of the Certificate will not adversely affect the public health, safety, or general welfare;

(g)     that the grant of the Certificate will be in harmony with the spirit and purpose of this Title; and

(h)     that the grant of the Certificate will not adversely affect in a substantial manner any area redevelopment plan approved by the City Council or the Comprehensive Plan for the City approved by the City Planning Commission.

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