§ 45-23.1-3 - Regulation of buildings in bed of mapped streets.
SECTION 45-23.1-3
§ 45-23.1-3 Regulation of buildings in bedof mapped streets. – (a) For the purpose of preserving the integrity of the official map of a cityor town, the city or town council is authorized and empowered to provide byordinance that no permit shall be issued for any building in the bed of anystreet shown on the official map except as provided in this section.
(b) Whenever one or more parcels of land upon which islocated the bed of a mapped street cannot yield a reasonable return to theowner unless a building permit is granted, the zoning board of review in a cityor town which has established a board, or the city or town council in any cityor town which has not established a board, may, in a specific case after publichearing for which reasonable notice has been given to all interested partiesand at which parties in interest and others have an opportunity to be heard,grant a permit for a building in the bed of the mapped street which will, aslittle as practicable, increase the cost of opening the street, or tend tocause a minimum change of the official map, and the board or council, as thecase may be, may impose reasonable requirements as a condition of granting thepermit to promote the health, safety, morals, and general welfare of the public.
(c) The board or council shall refer the application to theplan commission for a report and a recommendation before taking action, andshall refuse a permit where the applicant will not be substantially damaged byplacing his or her building outside the mapped street.