Sec. 9-4.2514.  Structures within mapped roads, streets, and highway rights-of-way.
   (a)   As used in this section, “mapped highway” shall mean a highway, road, or street indicated as a major or secondary highway on the circulation element of the County master or general plan (also known as the General Plan of Highways) and for which there is on file in the office of the City Engineer a City Engineer’s map of such size, scale, and detail that the exact location on the ground which the highway, road, or street is to occupy can be ascertained.
   (b)   No person shall hereafter erect, without a permit, any building or structure, other than a temporary structure costing less than Five Hundred and no/100ths ($500.00) Dollars, within the area of any mapped highway.
   (c)   Prior to issuing any building permit, the Building Official, or such other person as may be appointed, shall examine the circulation element of the County master or general plan (also known as the General Plan of Highways) and determine if there is on file in the office of the City Engineer a City Engineer’s map indicating the exact location on the ground which the mapped road or highway is to occupy.  If he finds that the building or structure proposed to be erected will lie within the boundaries of any mapped highway, he shall grant a permit if the cost of the proposed building or structure is Five Hundred and no/100ths ($500.00) Dollars or less.  Otherwise, he shall refuse such permit and notify the owner or applicant for the permit the reason for such refusal.
   (d)   Any person aggrieved by the refusal of a building permit under this section may request a hearing on the matter before the Commission.  Before taking any action authorized by this section, the Commission shall hold a hearing at which the applicant and any other interested persons shall have an opportunity to be heard.  Notice of the time and place of the hearing shall be mailed to the applicant, property owner of record, and any other interested persons not later than ten (10) days prior to the date of such hearing.  Written notice of the time and place of the hearing shall also be given to the City Engineer, Community Development Director, Buliding Official, and City Manager.
   (e)   The Commission shall authorize the granting of the permit if it finds any of the following is true:
   (1)   That the property on which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit;
   (2)   That the property will not earn a reasonable return on the owner’s investment unless the construction is authorized; or
   (3)   That in balancing the interests of the public in preserving the integrity of mapped highways against the interests of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.
   (f)   The Commission shall not authorize the granting of the permit if it finds any of the following is true:
   (1)   That the owner of the land will not be substantially damaged by locating the proposed structure on his land other than within the bed of the mapped highway; or
   (2)   That in balancing the interests of the public in preserving the integrity of mapped highways against the interests of the owner of the land in using his property, the resulting disadvantages to the City would be unreasonable and disproportionate to the advantages of the owner from using the property.
   (g)   Any owner or applicant dissatisfied with the decision of the Commission may appeal the decision to the Council in the manner set forth in Section 9-4.2807 of Article 28 of this chapter.
   (h)   Upon the denial of an application for a building permit written notice of the denial shall be given to the Council, Community Development Director, and City Engineer, and a copy thereof shall be mailed to the applicant at the address shown on his application and to the property owner of record. Upon the denial of an application for a permit by the Commission or the Council, written notice of the denial shall be sent to the applicant at the address shown on his application and to the property owner of record. At the expiration of a period of six (6) months after the date of mailing of any such notice, the permit shall be issued upon the request of the owner or applicant if the City has not acquired such property or has not instituted legal proceedings to acquire such property.
   (i)   The City has adopted a circulation element of the County master or general plan (also known as the General Plan of Highways) in conformity with the provisions of Chapter 3 of Division 7 of the Government Code of the State containing many miles of proposed County major and secondary highways.
(§ 8160.17, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and § 1, Ord. 219-NS, eff. August 19, 1971)