§140.23. Regulation of buildings in bed of mapped streets

            A. For the purpose of preserving the integrity of the official map, the city council may provide by general ordinance or other legislative action that no permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on the official map.

            B. Any such ordinance or legislative act shall provide that the board of appeals, as provided for in this Subpart, shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the grant of a permit for a building or structure or part thereof within any such mapped street location in any case in which such board finds, upon the evidence and arguments presented to it upon such appeal, that the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted, or that balancing the interest of the municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, the grant of such permit is required by considerations of justice and equity.

            C. Before taking any such action, the board of appeals shall hold a hearing thereon, at least ten days notice of the time and place of which shall be given to the appellant by mail at the address specified by the appellant in his appeal petition. In the event that the board of appeals decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, and other details and conditions of extent and character, and also the duration of the building, structure or part thereof to be permitted.

            Acts 1962 No. 52, §23; Acts 2020, No. 294, §1, eff. Jan. 1, 2022.