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12.12.040. Building permits restricted
No building permit shall be issued for any building or structure or part thereof to be erected on any land located between the mapped exterior boundary lines of any street as shown on the official map. The Board of Adjustment 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 mapped street location in any case in which the Board of Adjustment, upon the evidence, finds:
(1) 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
(2) That, balancing of interest of the municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property the grant of such permit is required by consideration of justice and equity.
Before taking any such action, the Board of Adjustment shall hold a public hearing thereon. In the event that the Board of Adjustment 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.
Ord. No.97-35, Recodified, 6/19/1997