Erection of buildings.

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(1) After the time when a commission has adopted a major street plan of the territory within the municipal limits of said municipality, no building shall be erected on any lot within such territory or part nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed:

  1. Has been accepted or opened as or otherwise has received the legal status of a publicstreet prior to that time; or

  2. Corresponds with a street shown on the official master plan, with a street or subdivision plat approved by the planning commission, with a street on a street plat made by and adopted by the commission, or with a street accepted by the governing body in accordance with the provisions of section 31-23-217. Any building erected in violation of this section is an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated or have it removed.

Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1.

Editor's note: This section is similar to former § 31-23-118 as it existed prior to 1975.


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