(A) For the promoting of health, safety, morals, order, convenience and general welfare of the city, and to carry into effect the purposes of this chapter, the City Commission may provide by ordinance that no permit shall be issued for, and no building or structure or part thereof shall be erected on any land located within the proposed future outside lines of any new, extended or widened street, avenue, places or other public way, or of any park, playground, or other public grounds, or extensions thereof, shown on any such certified and adopted plat. Any such ordinance shall provide that the City Commission, when acting as a Zoning Board of 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 parts thereof, within the lines of any mapped street, park, playground, or other public ground in any case in which said Board finds upon the evidence the 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 city in preserving the integrity of the adopted map, and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required by consideration of justice and equity.
(B) Before taking any such action the City Commission as such Zoning Appeal Board 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 appeal petition. In the event the Board of Appeals decides to authorize a building permit and erection, 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, structure or part thereof to be permitted.
(1990 Code, § 5.369)