§ 6-203

(a) The appellate board of the local jurisdiction where a platted street is located may grant a permit to develop a platted street on an appeal filed by the owner of the land on which the street is located:

(1) after a hearing at which the parties in interest have an opportunity to be heard; and

(2) by a vote of a majority of the authorized membership of the appellate board.

(b) At least 15 days before the hearing required under subsection (a) of this section, the appellate board shall:

(1) mail to the appellant, at the address specified in the appeal petition, notice of the time and place of the hearing; and

(2) publish a notice of the hearing in a newspaper of general circulation in the local jurisdiction.

(c) (1) In order to grant a development permit, the appellate board shall find from the evidence and arguments presented on appeal that:

(i) the entire property of the appellant, of which the reserved street location forms a part, cannot yield a reasonable return to the owner unless the permit is granted; and

(ii) after balancing the interests of the local jurisdiction and the appellant, the permit is required by reasonable justice and equity.

(2) In balancing the interests of each party, the appellate board shall consider:

(i) the interest of the local jurisdiction in preserving the integrity of the street plat and comprehensive plan; and

(ii) the interest of the appellant in the use of the property and in the benefits of property ownership.

(d) If the appellate board grants a development permit, the appellate board:

(1) shall specify the exact location, ground area, height, and other details of the development; and

(2) may impose reasonable requirements benefiting the local jurisdiction as a condition of granting the permit.