Before any appeals can be granted the Board of Adjustment shall make findings of fact setting forth and showing that any one of the following circumstances exist:
A. Misinterpretation of this Title: In considering an appeal of a decision of the zoning administrator or building official the Board of Adjustments shall find that the zoning administrator or building official made an interpretation of this title that is inconsistent with the plain reading of this text.
B. Error on part of the Building Official or Zoning Administrator: The Board of Adjustments finds that the building official or zoning administrator made an error in their decision.
C. Incomplete Review: The Board of Adjustments finds that the building official or zoning administrator decision occurred without properly reviewing all elements of the decision that was made.
D. Injurious to Adjacent Landowners or Applicant: The Board of Adjustment finds that a decision made by the building official or zoning administrator was injurious to adjacent landowners or the applicant.
E. Public Welfare and Safety: The Board of Adjustments finds that a decision made by the building official or zoning administrator was contradictory to the general welfare and safety of the public.
F. Harmony with Intent of Title: The Board of Adjustments finds that a decision made by the building official or zoning administrator was not harmonious with the intent of this title or any additional titles of the Manhattan Town Code.
(Ord. 24-004, 5-9-2024)