B.
This Official Map shall be deemed conclusive with respect to location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the City of Port Republic may reserve for future use the aforesaid streets, ways, basins and areas in the manner provided in § 160-93 of this chapter.
For purposes of preserving the integrity of the Official Map, no permit shall be issued for any building or structure in the bed of any street or public drainageway, flood control basin or public area reserved pursuant to § 160-108 of this chapter as shown on the Official Tax Map, or shown on a plat filed pursuant to this chapter before adoption of the Official Map, except as provided herein. Whenever one or more parcels of land upon which is located the bed of such mapped street or public drainageway, flood control basin or public area reserved pursuant to § 160-108 of this chapter cannot yield a reasonable return to the owner unless a building permit is granted, the Zoning Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood control basin or public area reserved pursuant to § 160-108 of this chapter which will as little as practicable increase the cost of opening such street or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. The sections of this chapter that deal with appeals and applications, time for decision, modification on appeal and stay of proceedings by appeal shall apply to applications or appeals pursuant to this section.
[Amended 4-13-1982 by Ord. No. 20-1982]
No building permit for the erection of a building or structure
shall be issued unless the lot abuts a street giving access to such
proposed building or structure. Such street shall have been duly placed
on the Official Map or shall be an existing state, county or municipal
street or highway or a street shown upon a plat approved by the Planning
Board or a street on a plat duly filed in the office of the county
recording officer prior to the passage of this chapter or its predecessor
or any prior law which required prior approval of plats by the governing
body or other authorized body. Before any such permit shall be issued,
such street shall have been certified to be suitably improved to the
satisfaction of the governing body or such suitable improvement shall
have been assured by means of a performance guaranty, in accordance
with standard specifications for road improvements approved by the
governing body, as adequate in respect to the public health, safety
and general welfare of the special circumstances of the particular
street.
Where the enforcement of § 160-110 hereof would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment may, upon application or appeal, vary the application of § 160-110 hereof and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map. The sections of this chapter that deal with appeals and applications, time for decision, modification on appeal and stay of proceedings by appeal shall apply to applications or appeals pursuant to this section.
