§ 721-11. Limitation on Issuance of Building Permits.

After the adoption of a mapped street line pursuant to Section 721-7 and within the period of time fixed in the adopting ordinance, the director of buildings and inspections shall not, unless specifically authorized by council, issue a permit for:

(a)

The rehabilitation, extension or erection of any building or structure or part thereof on land within the mapped street lines, if the reasonable cost of the rehabilitation, extension or erection is in excess of $3,000 or 5 percent of the tax value of the land and buildings comprising the real estate on which the structure is to be erected, whichever is the greater amount; or

(b)

The erection of a structure on land within the mapped street line if the structure consists of an addition to a building which is not situated on land within the mapped street lines; or

(c)

The erection of a structure on land not within the mapped street lines if the structure consists of an addition to a building within the mapped street line and the reasonable cost of the addition is in excess of $3,000 or 5 percent of the tax value of the land and building comprising the real estate on which the addition is to be erected, whichever is the greater amount.

Provided further, that during the final year of the period fixed for a mapped street line no building permit shall be issued unless specifically authorized by council, for the repair, rehabilitation, extension, or erection of a structure within the lines of the mapped street line or for an addition to a building within the mapped street lines irrespective of the cost thereof.

The director of buildings and inspections shall refer applications for building permits which come within the purview of the preceding paragraph to the city manager. The city manager shall transmit each application to council, together with a report containing an estimate of the cost of the proposed construction; the present market value of the land and structures comprising the real estate on which the proposed construction is to be done; if the permit is for an addition to a building not located within the mapped street lines, a statement as to whether the erection of such addition might, in the event the city acquires the property, require the city to pay for the entire building, under the provisions of the manifest injury statute; and a recommendation relative to the advisability of immediately purchasing the property.

Within 30 days of the receipt of the application and the report of the city manager, council shall determine whether the immediate acquisition of such property within the mapped street lines is in the best interests of the public. In the event council determines that the immediate acquisition of such property is in the best interests of the public, it shall direct the city manager to take the necessary steps to acquire such property. If council determines that the immediate acquisition of such property is not in the best interests of the public, it shall direct the issuance of a building permit in accordance with applicable law.

(C.O. 701-6; renumbered to C.M.C. 721-11, eff. Jan. 1, 1972)