You are viewing an archived code
In areas where a master plan of highways has been duly adopted by the Commission showing a proposed new highway or street or a proposed relocation or widening of an existing highway or street, or a proposed rapid transit route or facility, no building or part of a building shall be permitted to be erected within the planned acquisition line of such proposed highway or street, or rapid transit line or facility.
The owner of the property so affected, however, shall have the right to appeal the refusal of a building permit to the board and the board may grant a permit to build, subject to such conditions and restrictions as it deems necessary, if it should find, upon the evidence and arguments to it upon such appeal, (1) that the entire property of the appellant of which the area affected by the master plan forms a part cannot yield a reasonable return to the owner unless such appeal is granted, and (2) that balancing the interest of the general public in preserving the integrity of the plan and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required by consideration of reasonable justice and equity. Before taking any action, the board shall hold a public hearing at which the parties in interest shall have an opportunity to be heard.
(Legislative History: Ord. No. 12-1, § 1.)