§ 9-2.107 INCORPORATION IN PROVISIONS.

   Official plan line maps and all the notations thereon are hereby made a part of this chapter at the time of their adoption by the Council, and such maps shall constitute a portion of Article 2 of this chapter.

('66 Code, § 9-2.107) (Ord. 328-A, passed 8-10-53)

§ 9-2.108 NEW CONSTRUCTION.

   No building or structure shall be erected or placed within the official plan lines of streets or highways established by the provisions of § 9-2.107 of this article except as provided in § 9-2.109 of this article.

('66 Code, § 9-2.108) (Ord. 328-A, passed 8-10-53) Penalty, see § 9-2.111

§ 9-2.109 NEW CONSTRUCTION; VARIANCES.

   (A)   Appellant action. The owner of any property affected by established official plan lines may appeal the strict interpretation of provisions of § 9-2.108 of this article. Such appeal shall be made in writing to the Planning Commission.

   (B)   Planning Commission action. Upon receipt of an appeal, the Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the city at least 10 days in advance of such public hearing. At the conclusion of the public hearing the Planning Commission shall make its recommendation by resolution in writing to the Council. In order to make a recommendation contrary to the provisions stated in § 9-2.108 of this article, the Planning Commission shall find:

      (1)   That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant a variance;

      (2)   That the property will not earn a fair return on the owner's investment unless the construction involved is authorized; and

      (3)   That the granting of the application is necessary for the preservation of substantial property rights of the individual.

   (C)   Council action. The Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of the provisions of § 9-2.108 of this article. Upon receipt of such report from the Planning Commission or upon the expiration of 60 days from the time the applicant filed his appeal with the Planning Commission, the Council shall set a date for a public hearing thereon with notices as required by law. At the conclusion of the public hearing, the Council may grant the applicant a variance from the provisions of said § 9-2.108. In order to grant a variance contrary to said section, the Council shall find:

      (1)   That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance;

      (2)   That the property will not earn a fair return on the owner's investment unless the construction is authorized; and

      (3)   That the granting of the application is necessary for the preservation of substantial property rights of the individual.

('66 Code, § 9-2.109) (Ord. 328-A, passed 8-10-53)

§ 9-2.110 ENFORCEMENT OF PROVISIONS.

   It shall be the duty of the city official vested with the authority to issue building permits to enforce the provisions of this chapter. Such official shall not issue any such permit in conflict with the provisions of this chapter. Any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

('66 Code, § 9-2.110) (Ord. 328-A, passed 8-10-53)

§ 9-2.111 PENALTY; VIOLATION A PUBLIC NUISANCE.

   (A)   Any person, or agent thereof, violating or causing the violation of any of the terms or provisions of this chapter shall be deemed guilty of a misdemeanor and punished according to §§ 1-2.01 et seq. of this code. Such person or agent shall be guilty of a separate offense for each and every day during which violation of the provisions of this chapter is committed or continued by such person, or agent thereof.

   (B)   Any building or structure erected or moved contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney shall, upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure.

('66 Code, § 9-2.111) (Ord. 328-A, passed 8-10-53)

ARTICLE 2: MAPS

§ 9-2.201 OFFICIAL PLAN LINE MAP NO. 1.

   The official plan lines for A Street from Tenth Street to Eighteenth Street as designated and delineated on that certain map entitled “Official Plan Line Map No. 1,” are hereby adopted by reference and incorporated as if set out at length herein. Copies of the map are available for public inspection in the office of the City Clerk.

('66 Code, § 9-2.201) (Ord. 336-A, passed 5-10-54)

§ 9-2.202 OFFICIAL PLAN LINE MAP NO. 2.

   The official plan lines for Lone Tree Way from San Joaquin Avenue to Robert Street as designated and delineated on that certain map entitled “Official Plan Line Map No. 2,” are hereby adopted by reference and incorporated as if set out at length herein. Copies of the map are available for public inspection in the office of the City Clerk.

('66 Code, § 9-2.202) (Ord. 547-A, passed 4-7-62)