14.03.030 Permits in Conformance with Major Street Plan.
(1) No permits shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on the major street plan, except that the Board of Adjustment shall have the power, upon an appeal filed with it by the owner of any land affected by the major street plan, to authorize the grant of a permit for a building or structure or parts thereof within any mapped street location in any case in which the Board of Adjustment makes one (1) of the following findings:
(a) the property of the appellant of which such map-street location forms a part will not yield a reasonable economic return to the owner unless such permit be granted; or
(b) in balancing the interest of the City in preserving the integrity of the major street plan and the interest of the owner in the use of the benefits of the property, the granting of such permit is required for justice and equity.
(2) Prior to any findings of the Board of Adjustment related to the issuance of a permit within any mapped street location, a public hearing shall be held in conformance with the provisions of Section 14.02.010, Provo City Code.
(3) In the event 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.
(4) The major street plan map may not be used to unconstitutionally prohibit the development of property designated for eventual use as a public street.