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A. Required; Exception: The construction, alteration, repair, removal or occupancy of any structure or of any part thereof, as provided or as restricted in this title, shall not be commenced or proceeded with, except after the issuance of a written permit for the same by the chief building official; provided, that no permit shall be necessary where the erection, construction, reconstruction or alteration is minor in character as defined herein, or as determined by the chief building official. (Ord., 11-14-1974)
B. Mapped Lines Of Streets Or Land Bordering Street: No building 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 any official map adopted by the City Council and no building permit shall be issued for any building or structure, or part thereof, on any land bordering a street for which an official map has been adopted unless the depth of the front yard for such building or structure as required by this title is measured from the mapped lines of said street as shown on the official map.
C. Appeals To Hearing Officer:
1. Any owner of land within or bordering a street for which an official map has been adopted and for which a building permit has been refused by the building inspector may appeal to the hearing officer.
2. The hearing officer shall have the power to authorize the grant of a permit for a building or structure, or part thereof, within or adjoining any mapped street location upon findings that:
a. 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
b. 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 the property, the grant of such permit is required by a consideration of justice and equity.
3. Before taking any action, the hearing officer shall hold a public hearing thereon.
4. In the event that the hearing officer decides to authorize a building permit, it shall have the power to specify the exact location, yard and ground area, height and other details and conditions of extent and character as it may determine, and also the duration of the building, structure or part thereof to be permitted. (Ord. 78-13, 10-12-1978; amd. Ord. 2020-09, 5-21-2020)