12-10 SETBACK REQUIREMENTS.

The Town is developing a master plan of streets and highways (and precise sections thereof) for the purpose of assuring ample transportation facilities for the present and future. The magnitude of this undertaking precludes these plans being completed in their entirety in time to fully guide the rapid development occurring within the Town; and the surveys, hearings, map preparation, and requirements of law governing these matters necessitate that detailed plans be developed progressively. To conserve the public interest and to assure economies and public safety and welfare, it is imperative that necessary rights-of-way for streets and highways within the Town be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or make impractical the retention or creation of thoroughfares, adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare. Consequently, to deal effectively with the practical problem thus presented, it is necessary to establish certain minimum building line setbacks on a Town-wide basis.

Whenever the Town Council adopts a precise section of the streets and highways plan, the Engineering Department shall prepare a map of the highway, sufficient to show the location of the highway on parcels of land to be traversed or otherwise occupied by the highway when constructed, and file the map in the County Recorder’s office and deliver a copy to the Chief Building Official.

Before issuing a building permit, the Chief Building Inspector or his authorized deputy shall examine the precise plan. If he finds that the building or structure proposed to be erected will lie within the boundaries of the precise section of the streets and highways plan, or within the setback lines of the existing zoning regulations affecting the land as measured from the boundaries of the precise section, he shall grant the permit only if the cost of the proposed building or structure is five hundred ($500.00) dollars or less, otherwise, he shall refuse the permit and notify the applicant for the permit of the reason for refusal.

Any person aggrieved by the refusal of a building permit may appeal to the Planning Commission. Administration of this chapter and of Streets and Highways Code Section 741.2 is referred to the Planning Commission.

The Planning Commission shall grant the permit only if all the following are true:

a. There are special circumstances or conditions relating to the property upon which the proposed building, structure, or other improvement is sought to be placed;

b. Granting the application is necessary for the preservation and enjoyment of substantial property rights; and

c. Balancing the interests of the public in preserving the integrity of the master plan of streets and highways against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.

• a. Eminent Domain, Declaratory Relief, Zoning.

1. Nothing in this chapter shall be deemed a condition precedent to the acquisition of right-of-way by purchase or by proceedings in eminent domain.

2. Nothing in this chapter shall be construed to restrict the right of any person to seek declaratory relief under Code of Civil Procedure Section 1060, or to avail himself of any other legal or equitable remedy applicable to his particular case.

3. No zoning regulations are to be construed as permitting a building line setback or any building within the boundaries

of the precise section, except as provided in this chapter.

b. Pre-existing Structures . No building, structure, well, excavation, or subsurface structure existing on December 22, 1957, shall be deemed to be in violation of this chapter.