Huntington Park Municipal Code Ch. 6 Setback Lines

Whenever the public peace, health, safety, comfort, convenience, interest, or welfare may be deemed to so require, the Council, upon its own motion or the consideration of a petition, is hereby authorized and empowered to determine the minimum distance back from the street line for the erection of buildings and structures along any portion of any street or public way or place in the City and to order the establishment of a line, to be known and designated as a setback line, between which line and the street line no building or structure shall be erected or constructed.

(§ 2, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

Petitions may be filed with the Council requesting that setback lines be established. Such petitions shall designate the street, or portion of street, along which such lines are sought to be established and shall be accompanied by maps or sketches showing the street and lot lines, the proposed setback lines, and the distance thereof from the regularly established property line.

(§ 1, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

(a) Adoption. Before ordering the establishment of any setback line, the Council shall adopt a resolution of intention so to do designating the setback lines proposed to be established.

(b) Publication. The resolution of intention shall be published once in a newspaper of general circulation in the City.

(c) Posting. Such resolution shall be posted conspicuously upon the street in front of each block, or part of block, of any street or public way or place where such setback line is proposed to be established.

(d) Contents. The resolution of intention shall contain a notice of the day, hour, and place when and where any and all persons having any objections to the establishment of the proposed setback line as set forth in the resolution of intention may appear before the Council to present such objections. The time of hearing shall be not less than 15 days, nor more than 40 days, from the date of the adoption of the resolution of intention, and the publication and posting of such resolution shall be made at least 10 days before the time of the hearing.

(§ 3, Ord. 620, as amended by § I, Ord. 1332, and § 1, Ord. 560-NS, eff. August 2, 1995)

Following the adoption of a resolution of intention to order the establishment of any setback line, and prior to the time the ordinance establishing the setback line becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line, and any permit so issued shall be void.

(§ 4, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line, any person having any interest in any land upon which such setback line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of such setback line as designated in the resolution of intention. Such protests shall be in writing and shall be delivered to the City Clerk not later than the hour set for the hearing, and no other protests or objections shall be considered.

(§ 5, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

All persons filing protests against the establishment of such setback line as designated in the resolution of intention may appear before the Council at the hearing, either in person or by counsel, and be heard in support of their protests and objections. At the time set for the hearing, or at any time to which the hearing may be continued, the Council shall proceed to hear and pass upon all such protests or objections so made.

(§ 5, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

The decision of the Council shall be final and conclusive. The Council shall have the power and jurisdiction to sustain any protest or objection and abandon such proceedings, or to deny any and all protests or objections and order, by ordinance, the establishment of the setback line described in the resolution of intention, or order the setback line established with such changes or modifications as the Council may deem proper.

(§ 5, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

Except as otherwise provided in Section 8-6.09 of this chapter, it is unlawful for any person to construct any building, wall, or other structure within the space between the street line and the setback line so established from and after the effective date of the ordinance establishing any setback line, and the Building Official shall refuse to issue any permit for any building or structure to be erected within such space; provided, however, a fence not exceeding thirty-six (36″) inches in height may be constructed within any required setback area. If such fence is constructed so as to have 80% visibility through the fence, when viewed from a point in the center of the adjoining street which is perpendicular to the center of such fence, then such fence shall not exceed forty-eight (48″) inches in height. For the purposes of public safety, the fence heights on corner lots at the intersection of two public streets shall be subject to review and approval by the City Engineer for safety standards and vehicular sight visibility. The City Engineer is hereby authorized to impose lesser height requirements than set forth in this section if he or she deems such restrictions to be necessary and in the public interests. The determination of the City Engineer shall be subject to an appeal to the Council and a public hearing by the Council, whose determination shall be final. An appeal fee of $10 shall be paid by any person who deems himself or herself aggrieved by the determination of the City Engineer in connection with such appeal hearing before the Council.

(§ 6, Ord. 620, as amended by § 3, Ord. 254-NS, eff. January 16, 1980, and § 1, Ord. 560-NS, eff. August 2, 1995)

(a) Authorized. The Council, by ordinance, and upon such terms and conditions as it shall deem proper, may permit the erection, alteration, reconstruction, or enlargement of any building, structure, or other improvement between the street line and any regularly established setback line as follows:

(1) Where special circumstances exist which require an exception to the setback requirements to prevent an undue burden or hardship on the property owner affected thereby;

(2) Where an exception or special permit is necessary for the preservation of a substantial property right of the owner; and

(3) Where the granting of such exception or special permit will not be materially detrimental to the public welfare or injurious to other property or improvements to which such regularly established setback line is applicable.

(b) Procedure. The procedure for applications, hearings, and the granting of setback exceptions pursuant to the authority set forth in this section shall be as set forth in Article 21 of Chapter 3 of Title 9 of this Code (zoning exceptions).

(c) Filing fees. A fee in the amount of $50 shall be paid to the City at the time of filing each original or amended application for a setback exception. The payment of such fee shall be a condition precedent to further action by the Planning Commission, unless the Planning Commission shall have determined that the imposition of the required fee would result in financial hardship or would otherwise impose an unreasonable burden upon the applicant and the Planning Commission shall have specifically waived the required fee.

(§ 6a, Ord. 620, as added by Ord. 1436, as amended by §§ 1, 2, and 3, Ord. 1541, and § 1, Ord. 560-NS, eff. August 2, 1995)

Any person who shall violate any of the provisions of this chapter or of any ordinance establishing any setback line pursuant to the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 7, Ord. 620, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)