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official map for street or other public purposes. Whenever any street or highway is widened or <br />improved or any new street is opened, or any interest in lands for other public purposes is acquired <br />by the City, the City is not required in such proceedings to pay for any building or structure placed <br />without a permit or in violation of conditions of a permit within the limits of the mapped street or <br />outside of any building line that may have been established upon the existing street or within any <br />area thus identified for public purposes. The adoption of an official map does not give the anyright, - <br />title or interest in areas identified for public purposes thereon, but the adoption of the map does <br />authorize the City to acquire such interest without paying compensation for buildings or structures <br />erected in such areas without a permit or in violation of the conditions of a permit. <br /> <br />SECTION 9. APPEALS. <br /> <br />Whenever a Development Permit is denied pursuant to this ordinance, the Official Map Board of <br />Appeals and Adjustments may, upon appeal filed with it by the owner of the land, and after receiving <br />the advice and recommendations of the planning commission, grant a Development Permit in an area <br />designated on the official map for a street or other public purpose in any case in which the board <br />finds, upon the evidence and the arguments presented to it, (a) that the entire property of the <br />appellant of which the area designated for public purposes forms a part cannot yield a reasonable <br />return to the owner unless such a Development Permit is granted, and (b) that balancing the interest <br />of the City in preserving the integrity of the official map and of the comprehensive plan and the <br />interest of the property owner in the use of his/her property and in the benefits of ownership, the <br />gant of such permit is required by considerations of.justice and equity. Failure of the planning <br />commission to report on the proposal within 60 days after referral of the matter to it is deemed to be <br />the recommendations and advice of the planning commission. The Official Map Board of Appeals <br />and Adjustments shall hold a public hearing upon the appeal after notice of the hearing has been <br />published in the official newspaper once at least ten days before the hearing. If the board authorizes <br />issuance cfa Development Permit, it shall specify the exact location, ground area, height, and other <br />details as to the extent and character of the use or building for which the Development Permit is <br />granted. If the board authorizes issuance of a Development Permit, the Council shall have six <br />months from the date of the decision of the board to institute proceedings to acquire such land or <br />interest therein, and if no such proceedings are started within that time, the City shall issue the <br />Development Permit if the application otherwise confirms to the City cede. <br /> <br />SECTION 10. PENALTY. <br /> <br />Any person violating any provision of this ordinance is guilty cfa misdemeanor and upon conviction <br />thereof shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed <br />90 days or both, plus, in either case, the costs of prosecution. Each day that a violation is permitted <br />to exist constitutes a separate offense. <br /> <br />SECTION ii. EFFECTIVE DATE. <br /> <br />This Ordinance becomes effective upon its passage and thirty (30) days. after its publication <br />according to law, subject to City Charter Prevision, Section 5.04. <br /> <br />46 3 <br /> <br /> <br />