§ 33:140.23 — Regulation of buildings in bed of mapped streets

Louisiana § 33:140.23

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§140.23. Regulation of buildings in bed of mapped streets
A. For the purpose of preserving the integrity of the official map, the city council
may provide by general ordinance or other legislative action that no permit 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 official map.
B. Any such ordinance or legislative act shall provide that the board of appeals, as
provided for in this Subpart, shall have the power, upon an appeal filed with it by the owner
of any such land, to authorize the grant of a permit for a building or structure or part thereof
within any such mapped street location in any case in which such board finds, upon the
evidence and arguments presented to it upon such appeal, that the property of the appellant
of which such mapped street location forms a part will not yield a reasonable return to the
owner unless such permit be granted, or that balancing the interest of the municipality in
preserving the integrity of the official map and the interest of the owner in the use and
benefits of his property, the grant of such permit is required by considerations of justice and
equity.
C. Before taking any such action, the board of appeals shall hold a 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 that the board of
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 extent and character, and
also the duration of the building, structure or part thereof to be permitted.

Legislative History

Acts 1962 No. 52, §23; Acts 2020, No. 294, §1, eff. Jan. 1, 2022.