This chapter shall be known as and may be cited as the "Mapped
Highways Ordinance."
(Ord. 922 § 10, 1964)
means an area, no portion of which has been dedicated or
acquired by the public, which is indicated as a major highway, secondary
highway, collector, or local street on the circulation element of
the city master plan (also known as the master plan of streets and
highways) and for which there is on file in the office of the city
engineer a map of such size, scale and detail that the exact location
on the ground which the highway or road is to occupy can be ascertained.
means any person entitled to the use or possession of real
property or any person applying for a building permit.
(Ord. 922 § 1, 1964)
No person shall hereafter erect any building or structure other
than a temporary structure, with a valuation of less than five hundred
dollars as determined by the building director pursuant to Section
303(a) of the city building code, within the area of any mapped highway,
without first having secured a building permit as hereinafter provided.
(Ord. 922 § 2, 1964)
Prior to the issuance of any building permit the building director
shall refer the application to the city engineer, who shall examine
the circulation element of the city master plan (known as the master
plan of streets and highways) to determine if there is on file in
the office of the city engineer a fully enacted, precise plan indicating
the exact location of ground which the proposed street or highway
is to occupy.
No building permit for any building or structure with a violation of more than five hundred dollars shall be issued until the city engineer certifies to the building department that the proposed building or structure is not within the area of a mapped highway, as defined in Section 19.18.020. If the proposed building or structure is within the area of a mapped highway, the city engineer shall not issue such certification but shall notify the owner or applicant of such denial.
(Ord. 922 § 3, 1964)
The owner of the real property who is aggrieved by the refusal
of a building permit under this chapter may request a hearing on the
matter before the planning commission by filing a written appeal therefor
with the city clerk. Before taking any action authorized by this chapter
the planning commission shall hold a hearing at which the applicant
and any other interested parties shall have an opportunity to be heard.
At least ten days prior to the date fixed for the hearing the planning
commission shall cause notice of the time and place thereof to be
mailed by certified mail to the owner or applicant. Written notice
of the time and place of the hearing shall also be given to the city
engineer and other interested city departments.
(Ord. 922 § 4, 1964)
The planning commission shall authorize the granting of the
permit if it finds that balancing the interest of the public is preserving
the integrity of mapped highways against the interest of the owner
of the land in using his or her property, that the granting of the
permit is required by considerations of justice and equity.
(Ord. 922 § 5, 1964)
The planning commission shall not authorize the granting of
the permit if it finds any of the following to be true:
(1)
That the owner of the land will not be substantially damaged by locating
the proposed structure on his or her land elsewhere than within the
proposed mapped highway;
(2)
That balancing the interest of the public and preserving the integrity
of mapped highways against the interest of the land owner in using
his or her property, it is found that the resulting disadvantages
to the city would be unreasonable and disproportionate to the advantages
the owner may accrue from using the property.
(Ord. 922 § 6, 1964)
The owner dissatisfied with the decision of the planning commission
may appeal the decision to the city council by filing a written notice
of appeal with the city clerk. The city council may request a summary
of the proceedings and the evidence submitted before the planning
commission and may make such decision as in its option is justified
thereby, or may set the matter for hearing before itself. If the city
council sets the matter for hearing before itself, it shall, at least
ten days prior to the date fixed for hearing, cause notice of the
time and place thereof to be mailed, by certified mail, to the applicant
at the address shown upon his or her notice of appeal.
(Ord. 922 § 7, 1964)
Upon the denial of an application for a permit the city engineer
shall give written notice of his or her action to the planning commission
and the city planner and mail a copy thereof, by certified mail, to
the owner or his or her agent at the address shown on his or her application.
Upon the denial of an application for permit by the planning commission
or the city council, written notice of the denial shall be sent, by
certified mail, to the applicant or owner at the address shown on
his or her application. At the expiration of a period one year or
more, calculated from the date of mailing of such notice, the permit
shall be issued upon request of the owner or applicant, if the city
has not acquired said property or has not instituted legal proceedings
to acquire such property.
(Ord. 922 § 8, 1964)
This chapter does not permit the construction, erection, placing,
or maintenance of any building or structure at any place where such
construction, erection, placing, or maintenance is prohibited by this
chapter or by any other ordinance or law.
(Ord. 922 § 9, 1964)
