(A) The Board of Zoning Appeals shall have the power on appeal filed with it by the owner of such land to authorize the granting of a permit for the erection of a building or structure, or part thereof, within the lines of any such mapped street, park, playground or other public ground in any case in which such Board finds upon the evidence and arguments presented to it on such appeal:
(1) That the entire property of the appellant located in whole, or in part, within the lines of such mapped street, park, playground or other public ground cannot yield a reasonable return to the owner unless such permit be granted; and
(2) That, balancing the interest of the municipality in preserving the integrity of the adopted map and the interest of the owner of the property in the use and benefits of his or her property, the granting of such permit is required by considerations of justice and equity.
(B) Before taking any such action, the Board of Zoning Appeals shall hold a public 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 or her appeal petition. In the event that the Board of Zoning 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 size, character and construction, and also the duration of the building or structure, or part thereof, to be permitted.
(Prior Code, § 5.209)