§ 1226.04 EFFECT OF ADOPTION.
   (a)   Whenever any person interested, either because of ownership or occupation, in any land located between the mapped lines of any street as shown on a recorded mapped street plat adopted by Council, applies for a permit for the erecting of a building or for altering or moving a building located on land within the mapped street lines, the Planning Director shall certify to Council within ten days after application for a certificate of zoning compliance is received that the proposed building, or part thereof, is within the lines established on a mapped street plat and in conflict with the Major Street or Neighborhood Street Plan.
   (b)   Whenever any person so interested applies for the approval of a subdivision and such application proposes to subdivide land within any mapped street lines, the Planning Commission shall review the plan of the proposed subdivision, considering also the Subdivision Regulations of the city and, if the proposed subdivision cannot be approved as conforming to the mapped street plat, the Commission shall, within 30 days after such application is received, certify to Council that the proposed subdivision, or part thereof, is within the lines established on a mapped street plat and in conflict with the Major Street or Neighborhood Street Plan.
   (c)   Council shall, within 90 days after receipt of such certification from the Planning Director, or from the Planning Commission relative to the approval of a subdivision, or such further time as agreed between Council and the applicant, acquire the property or any part thereof, including remnant areas of the same property outside the boundaries of the mapped street line through dedication or purchase, or, upon failing to conclude a settlement, initiate proceedings to appropriate the property within the mapped street lines on which the building is proposed to be erected, altered or moved or on which the subdivision is proposed to be developed, or transmit to the Planning Director or the Planning Commission a notification that such acquisition at the time of consideration is not, in its judgment, in the public interest.
   (d)   Upon being notified that Council has determined that such acquisition is not in the public interest, the Planning Director shall thereupon issue the certificate of zoning compliance or the Planning Commission shall thereupon proceed with the review and approval of the proposed subdivision plan in accordance with the subdivision rules and regulations.
(Ord. 1962-67, passed 6-4-1962; Ord. 2002-15, passed 3-4-2002)