Lodi Municipal Code Ch. 15.36 Setback Lines

This article is adopted to promote the public health, safety and general welfare by providing for the establishment of setback lines to protect the future rights of way for existing and planned streets. The specific setback lines which are provided for in this article are hereby designated precise plans as authorized in section 65601 of the state Government Code.

(Prior code § 5-13)

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Building" means any structure having a roof supported by columns or walls.

B. "Setback area" means the area lying between setback lines established on each side of a street or planned street and including the full width of the future right-of-way.

C. "Setback line" means a line parallel to the future centerline of a street and designating the future right-of-way line of the street.

D. "Structure" means anything constructed or erected which requires permanent location on the ground or which is attached to something requiring permanent location on the ground.

(Prior code § 5-12)

A. Declaration of Intention. When the planning commission or the city council determines that a setback line is desirable and necessary in the public interest, either body may initiate proceedings by declaring its intention to establish a specific setback line.

B. Hearing by Planning Commission. The planning commission shall then hold at least one public hearing on the proposed setback line and shall make a recommendation and report to the city council. Notice of the hearing shall be published at least ten days prior to the hearing.

C. Hearing by Council. Upon receipt of the recommendation and report from the planning commission, the city council shall hold a public hearing and may adopt an ordinance establishing the setback line. Notice of the hearing shall be published at least ten days prior to the hearing.

D. Changes. If the city council proposes a change in the setback line recommended by the planning commission, the change shall be referred to the planning commission for a report before the ordinance is adopted.

E. Building Permits Moratorium. During the period between the declaration of intention to establish a setback line and the effective date of an ordinance establishing the setback line, no building permit shall be issued for the erection of a building or structure in the proposed setback area.

(Prior code § 5-14)

A. After the adoption of a specific setback line on an existing or planned street, no building or structure or addition thereto shall be erected closer to the centerline of the street than the setback line so established, except as otherwise provided in this chapter.

B. Exemptions from the setback line:

1. Cornices, eaves, canopies and similar architectural features of a building when conforming to Section 15.36.060;

2. Uncovered terraces and paved areas;

3. Fences and walls not exceeding forty-two inches in height;

4. Signs supported back of the setback line when conforming to Section 15.36.060;

5. Public street improvements and utility structures.

(Prior code § 5-15)

After a report from the planning commission, the city council may permit the erection of a building or structure within the setback area if the following requirements are met:

A. The strict application of the ordinance will result in unnecessary hardship to the property owner amounting to practical confiscation of the property.

B. The intent of the ordinance to preserve future rights-of-way from obstructions will be observed through the imposition of conditions necessary to protect the public welfare and safety. The conditions may include a recorded agreement from the property owner to remove the encroachment at no expense to the city or state agency at such time that it becomes necessary to widen the street.

(Prior code § 5-16)

Where a setback line has been established on a street, all applicable zoning yard requirements and building code requirements shall be measured from the setback line and shall be based, where applicable, on the future curbline of the street.

(Prior code § 5-17)

A. All setback lines previously adopted and in effect in the city as of the effective date of the ordinance codified in this chapter are continued.

B. All setback lines adopted in the future shall be established in accordance with the provisions of this chapter.

(Prior code § 5-18)