1210.05  COMMISSION PLATS.
   (a)   Certification of Precised Plats. After the Planning Commission has lawfully adopted a Master Plan for the physical development of the City or of one or more major sections or divisions thereof, it shall have the power to make or cause to be made and certified to Council, from time to time, detailed and precised plats, each showing the exact location of the proposed future outside lines of one or more new, extended or widened streets, avenues, places or other public ways, or of one or more parks, playgrounds or other public grounds or extensions thereof shown on such adopted Master Plan. At the time of each such certification to Council, the Commission shall transmit an estimate of the time period within which the land acquisitions for public use indicated on the certified plat should be accomplished.
   (b)   Limits on Certification. The making or certification of a Commission plat by the Commission shall not in and of itself constitute or be deemed to constitute the opening and establishment of any street or the taking or acceptance of any land for any of the aforesaid purposes.
   (c)   Adoption by Council. Council may, by ordinance, adopt any Commission plat certified to it by the Commission as provided in this section.
   (d)   Notice of Hearing. Notice of the time and place when and where the Commission plat will be considered for final passage shall be sent by mail to the owners of record of land located within or abutting on the new lines of such proposed streets, ways, places, parks, playgrounds or other public grounds or extensions thereof designated on the plat.
   (e)   Approval or Disapproval. Any modification of a certified Commission plat before passage of the adopting ordinance, and any amending ordinance originating in Council, shall be submitted to the Commission for its approval. If the Commission disapproves the submitted plat, it shall communicate its reasons therefor to Council which shall thereafter have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. Failure of the Commission to report on any such modification or amendment within thirty days shall be deemed to constitute an approval thereof.
   (f)   Limits on Adoption. The adoption of any such certified Commission plat by ordinance, or by an amending ordinance, shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for any of the aforesaid purposes.
   (g)   Amendments and Modifications. Amendments or modifications to such certified Commission plats, in conformity with lawfully adopted changes or additions to the adopted Master Plan, may be made and certified by the Commission to Council, and ordinances embodying amendments to or changes in such plats may be adopted by Council in accordance with the procedure prescribed by law for the enactment of ordinances.
   (h)   Notice of Hearing on Amendments. Notice of the time and place when and where amendments or modifications will be considered for final passage shall be sent by mail to the record owners of land located within or abutting on the lines of proposed streets, ways, places, parks, playgrounds or other public grounds.
   (i)   Submission to Planning Commission. Any proposed amendment to or change in certified plats shall be submitted to and approved by the Commission. In case of disapproval, the Commission shall communicate its reasons to Council which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. Any plat of a street, park, playground or public ground certified by the Commission to Council under this section shall be deemed approved by the Commission without further submission thereof to the Commission.
   (j)   Permits and Buildings Prohibited.  No permit shall be issued for, and no building or structure or part thereof shall be erected on, any land located within the proposed future outside lines of any new, extended or widened street, avenue, place or other public way, or of any park, playground or other public grounds or extension thereof, shown on any certified and adopted plat, except by the Board of Zoning Appeals in accordance with this chapter.
   (k)   Appeal. The Board of Zoning Appeals shall have the power, after an appeal has been filed with it by the owner of such land, to authorize the granting of a permit for, and the erection of, a building, structure or part thereof, within the lines of any such mapped street, park, playground or other public ground in any case in which the Board finds, upon the evidence and arguments presented to it on such appeal, that the entire property of the appellant located in whole or in part within the lines of such mapped street, park, playground or other public ground cannot yield a reasonable return to the owner unless such permit is granted, and that, balancing the interest of the City in preserving the integrity of the adopted map and the interest of the owner of the property in the use and benefit of his or her property, the granting of such permit is required by considerations of justice and equity.
   (l)   Map Symbols. The proposed future outside lines of streets, parks, playgrounds and other public grounds shown on any plat certified and adopted as hereinbefore provided may, for convenience, be shown, wholly or in part, by appropriate symbols on any official map of the City. However, showing such lines on any such official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for any of the aforesaid purposes.
(Ord. 9.  Passed 3-4-54.)