Chapter 4 — BUILDING LINE SETBACKS

The Council finds and determines that the city is engaged in developing a General Plan within the city, including a street or circulation element, for the purposes of assuring ample transportation facilities, proper relationship of property to thoroughfares, dilution of gases which are the product of combustion in engines, distances between buildings on opposite sides of streets for the present and future, adequate access for fire-fighting equipment, traffic safety, and adequate light and air in and along the thoroughfares of the city; that to conserve the public interest and to assure the public safety and welfare it is imperative that certain streets and highways within the city be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or impractical the operation, retention, or creation of thoroughfares adequate in alignment, dimensions, and vision clearance to serve the public needs, safety, and welfare; and that to deal effectively with the practical problem thus presented, it is necessary to establish certain minimum building line setbacks on certain streets in the city. ('61 Code, § 10-4.101) (Ord. 84 C.S., passed 11-3-65)

BUILDING LINE SETBACK. The space between the established center line of a street and a line parallel thereto and from which any setback area required to be provided by the zoning regulations of the city shall be measured. ('61 Code, § 10-4.102) (Ord. 84 C.S., passed 11-3-65)

PROCEDURE FOR THE CREATION OF BUILDING LINE SETBACKS

A building line setback is established along each side of Lake Street between Central Avenue and Ellis Street 55 feet on each side of the established center line of Lake Street.

('61 Code, § 10-4.201) (Ord. 84 C.S., passed 11-3-65)

Excepting those building line setbacks established by the adoption of the circulation element or any other element of the General Plan for the Physical Development of the city, or any other procedure authorized by the laws of the state, or established by amendments to such adoptions, on, and after, November 3, 1965, additional line setbacks shall be established by resolution of the Council. Before the adoption of a resolution establishing any building line setback, the Planning Commission shall hold at least one public hearing thereon after a notice of such hearing has been published once in a newspaper of general circulation published in the city at least ten calendar days before the hearing. The Planning Commission shall forward its recommendation concerning the establishment of any building line setbacks to the Council by resolution, adopted by not less than a majority of its total voting members if such resolution recommends the creation of a building line setback, along with a copy of a plan of the proposed building line setback and a statement of the Planning Commission's reasons for such recommendation. Upon the receipt of the Planning

Commission's recommendation, the Council may adopt a resolution establishing a building line setback after at least one public hearing thereon, notice of which has been given in the time and manner provided in this section for the hearing by the Planning Commission. The establishment of building line setbacks may be initiated by either the Council or the Planning Commission.

('61 Code, § 10-4.202) (Ord. 84 C.S., passed 11-3-65; Am. Ord. 201 C.S., passed 5-16-73)

REGULATIONS, PERMITS, AND VARIANCES

(A) No building, structure, or other improvement, whether publicly or privately owned, shall hereafter be erected, altered in any manner, moved in, or placed within the official building line setbacks on streets and highways established by, or pursuant to, this subchapter, and no permit or approval therefor shall be issued by any official or employee of the city, except that alterations to existing structures which do not enlarge the structure by adding to, or extending, such structure into the area lying between the existing street property line and the official building line setbacks may be approved in the following manner and in conformance with the following conditions:

(1) The owner of the property shall execute an instrument relieving the city from any liability in the event of acquisition by the city of such property, or any portion thereof. Such instrument shall state that in the event of the purchase of the property, or any portion thereof, by the city, or in the event eminent domain proceedings are maintained by the city for the acquisition of such property, or any part thereof, the depreciated amount expended for building construction as granted by a permit under this section shall be deducted from the determined price at the time of acquisition by the city, and such reduced price shall be deemed the actual cost of acquisition of the property by the city; and

(2) The terms and provisions of the instrument set forth in subsection § 10-4.301(A)(1) of this subsection shall run with the land, and such instrument shall be recorded in the office of the County Recorder.

(B) The provisions of this section shall not apply to gardens or to other ordinary front yard uses or to front yard fences or other nonpermanent structures otherwise permitted under this code. ('61 Code, § 10-4.301) (Ord. 84 C.S., passed 11-3-65)

(A) When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this subchapter occur through a strict interpretation of the provisions hereof, the Planning Commission may, in the manner provided in this section, upon the application of any property owner, recommend to the City Council the granting of a variance from the terms of this subchapter as it deems to be necessary to assure that its spirit and purpose will be observed, public safety and welfare secured, and substantial justice done.

(B) Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission or the City Council, a public hearing shall be held on an application for a variance. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:

(1) By one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.

(2) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll.

(3) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall

apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

(4) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

('61 Code, § 10-4.302) (Ord. 84 C.S., passed 11-3-65; Am. Ord. 618 C.S., passed 3-16-94)

Before any variance may be granted, the Planning Commission shall find:

(A) That there are special circumstances or conditions attached to the property upon which the proposed building, structure, or other improvement is sought to be erected or placed;

(B) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights; and

(C) That the granting of the variance will not adversely affect the General Plan of the city or result in material damage or prejudice to other property in the same vicinity.

('61 Code, § 10-4.303) (Ord. 84 C.S., passed 11-3-65)

In recommending the granting of any variance under the provisions of this subchapter, the Planning Commission shall designate such conditions in connection therewith as will, in its opinion, cause the minimum possible interference with the purpose of this subchapter, and with the ultimate accomplishment of the objectives thereof, and shall report its findings with respect thereto and all facts in connection therewith to the Council. ('61 Code, § 10-4.304) (Ord. 84 C.S., passed 11-3-65)

Within 30 days after the closing of the public hearing, the Planning Commission shall render its decision on the application by resolution and report to the Council. Failure of the Planning Commission to so act within such 30 days shall serve to automatically refer the matter to the Council for such action as it deems warranted. ('61 Code, § 10-4.305) (Ord. 84 C.S., passed 11-3-65)

Upon receipt of the Planning Commission's report, or the end of the 30-day period, the Council shall, by resolution, make its decision, either approving or rejecting the application. If such decision shall approve the granting of the variance, the permit applied for shall be issued subject to the conditions designated by the Planning Commission or such modifications thereof as the Council shall approve.

('61 Code, § 10-4.306) (Ord. 84 C.S., passed 11-3-65)

Any variance granted shall be null and void and of no effect six months after its effective date unless the use or construction permitted by it is actually commenced within such time. ('61 Code, § 10-4.307) (Ord. 84 C.S., passed 11-3-65)

A fee in an amount as is established by resolution of the City Council shall be paid to the city upon the filing of each application for the purpose of defraying the expense investigations, posting, and other costs incidental to the proceedings prescribed in this chapter.

('61 Code, § 10-4.308) (Ord. 84 C.S., passed 11-3-65; Am. Ord. 483 C.S., passed 10-21-87)