(A) Opening or widening of streets. Whenever a street classified in the Official Thoroughfare Plan is to be platted as a part of a subdivision, the required right-of-way width for the street shall be as specified in the Official Thoroughfare Plan. However, where a street borders a tract of land to be subdivided, the owner of the land shall be required to plat only one-half of the right-of-way designated for the street, measured at 90° to the center line thereof.
(B) Location of streets.
(1) Wherever the location of a street is indicated in the Official Thoroughfare Plan as following an existing road or street, or a section or half-section or other established property line, the location of the street shall conform to the location. However, a street lying wholly within a subdivision, and not designated as following an existing road or established property line, may be varied in its alignment when the variance promotes the plan of a neighborhood development unit in accordance with good site planning principles, and if the alignment provides for the continuity of traffic movement.
(2) In the absence of any street being designated in each section of land within the jurisdiction, on or approximately on the north-south and east-west half-section lines of such section, it is the intent of the Official Thoroughfare Plan and this chapter that collector streets be established on the half-section lines where feasible.
(3) Wherever the location of a street is indicated in the Official Thoroughfare Plan as following an irregular alignment or a revised alignment, or is not referenced to an established line, it shall follow the alignment shown in the Official Thoroughfare Plan. The alignment shall be subject to a detailed survey which may be provided by the Commission or other public agencies, or by the owners of land to be subdivided if required by the Commission. The survey for the street shall be subject to the approval of the Commission prior to the dedication of the street.
(C) Consideration by public agencies.
(1) The Council and the Board of Works shall be guided by and give consideration to the general policy and pattern of street development set out in the Official Thoroughfare Plan in the authorization, construction, widening, alteration, relocation, or abandonment of the public streets, highways, and related structures.
(2) No public way shall be abandoned or vacated until the Commission shall have first given notice and held public hearing on vacation or abandonment of the public way. The Commission shall forward its recommendation to Council. The Council shall not override the recommendation of the Commission except by a three-fourths vote.
(D) Issuance of permits. Any permits authorized by the city, including, but not limited to, improvement location permits permitting the erection, alteration, or relocation of structures and other improvements within the jurisdiction of the Commission, shall be issued only if, in addition to satisfying the requirements of other city ordinances, the proposed street right-of-way as set forth by this chapter will be protected from encroachment. In this instance, the proposed street right-of-way lines will be con- sidered as the front line of lots and tracts bordering the street.
(Ord. 30-1968, passed 7-24-68)