[Amended 2-13-2001 by Ord. No. O-1-2001]
For the purpose of preserving the integrity of the Official Map, no permit shall be issued for any building or structure in the bed of any street or public drainageway, flood control basin or public area reserved pursuant to §
253-29 of this chapter as shown on the Official Map or as shown on a plat filed pursuant to this chapter before adoption of the Official Map, except as provided herein. Whenever one or more parcels of land, upon which is located the bed of such mapped street or public drainageway, flood control basin or public area reserved pursuant to the Master Plan, cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood control basin or public area reserved pursuant to §
253-29 hereof, which will as little as practicable increase the cost of opening such street or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. Sections
253-55 through
253-58 of this chapter shall apply to applications or appeals pursuant to this section. The Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to §
253-26.