ALBERT C. RITCHIE, GOVERNOR. 1341

SEC. 23. CONTROL OF BUILDING IN THE BED OF MAPPED
STREETS. From and after the recording of any street plat
approved by council, as provided in Section 22 of this Act,
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 ap-
peals 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 munici-
pality, 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 ap-
pellant, 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 interest
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 speci-
fied by the appellant in his appeal petition and shall be pub-
lished in a newspaper of general circulation in the munici-
pality. 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 per-
mit is granted and may impose reasonable requirements
as a condition of granting such permit, which requirements
shall inure to the benefit of the city.

SEC. 24. MUNICIPAL IMPROVEMENTS IN STREETS ; BUILD-
INGS NOT ON MAPPED STREETS. No public sewer or other
municipal street utility or improvement shall be con-
structed in any street or highway until such street or high-
way 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 dif-