886 ARTICLE 66B.

Section 31 of this sub-title, no permit shall be issued for any building on
any part of the land between the lines of a proposed street as thus platted:
Provided, however, that the board of zoning appeals of the municipality
in which the location of such platted street lies, or a special board of
appeals which may be created for the purpose of the council of the muni-
cipality, shall have the power, upon an appeal filed with it by the owner
of any such land and by a vote of a majority of its members, to grant a
permit for a building in such platted street location in any case in which
such board finds, upon the evidence and arguments presented to it upon
such appeal: (a) That the entire property of the appellant, of which such
reserved street location forms a part, can not yield a reasonable return to
the owner unless such permit be granted; and (b) that, balancing the in-
terest of the municipality in preserving the integrity of such street plat
and of the municipal plan and the interest of the owner of the property
in the use of his property and in the benefits of the ownership thereof, the
grant of such permit is required by consideration of reasonable justice and
equity. Before taking any such action the board of appeals shall give a
hearing at which the parties in interest shall have an opportunity to be
heard. At least fifteen (15) days' notice of the time and place of such
hearing shall be given to the appellant by mail at the address specified by
the appellant in his appeal petition and shall be published in a newspaper

of general circulation in the municipality. In the event that the board of
appeals grants a building permit in any such appeal it shall specify the

exact location, ground area, height, and other details as to the extent and

character of the building for which the permit is granted and may impose
reasonable requirements as a condition of granting such permit, which
requirements shall inure to the benefit of the city.

1033. ch. 599, sec. 24.

33. Municipal Improvements In Streets; Buildings Not On Mapped
Streets. No public sewer or other municipal street utility or improvement
shall be constructed in any street or highway until such street or highway
is fully placed on the official map. No permit for the erection of any
building shall be issued unless a street or highway giving access to such
proposed structure has been duly placed on the official map. Where the

enforcement of the provisions of this section would entail exceptional
difficulty or unwarranted hardship and where the circumstances of the
case do not require the structure to be related to existing or proposed
streets or highways, the applicant for such a permit may appeal from the
decision of the administrative officer having charge of the issue of permits
to the Board of Appeals. The board may in passing on such appeal make
any reasonable exception and issue the permit subject to conditions that
will protect any future street or highway layout. Any such decision shall
be subject to review by certiorari order issued out of a court of record in
the same manner and pursuant to the same provisions as in appeals from
the decisions of such board upon zoning regulations.