Lincoln
Town of Lincoln Zoning Ordinance
§ 260-65

Additional standards for approval

The Zoning Board of Review, or Planning Board where applicable, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

  • A. Use variance. In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Zoning Ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.
  • B. Dimensional variance. In granting a dimensional variance, the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted, shall amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the permitting use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
  • C. The Board, or, where unified development review is enabled, the Planning Board shall have the power to grant dimensional variances where the use is permitted by special use permit.