Monrovia Municipal Code Ch. 12.12 Special Setback Lines

In addition to the general setback lines established by the portions of this code regulating zoning and subdivisions, setback lines along any portion of any street or other public way or place in the city may be established in the manner provided in this chapter. Proceedings to establish a setback line or setback lines may be initiated by the Council itself or may be requested of the Council by a person or persons desiring such setback line or lines. The Council may require such person or persons to submit maps, sketches or diagrams showing the street and lot lines and the proposed setback lines and the distance thereof from the regularly established property lines, and such other information as the Council may deem desirable. The City Council may refer said matter to the Planning Commission for an investigation and report to such other officials or agencies as it may deem appropriate. The City Council shall thereafter consider the merits of such requested setback line or lines, together with the report and recommendation of the Planning Commission or other officials or agencies to which said matter may have been referred.

(`83 Code, § 12.12.010)

(A) Before ordering the establishment of any setback line authorized by this chapter, the City Council shall pass a resolution of intention to do so, designating the setback line or lines proposed to be established. Said resolutions shall contain a notice of the day, hour, and place when and where any and all persons having objection to the establishment of the proposed setback line or lines may appear before the Council, and present any objection which they may have to the said proposed setback line or lines as set forth in said resolution of intention. The time and hour shall be not less than 15 nor more than 60 days from the date of the adoption of the resolution of intention, and said publication shall be made at least ten days before the time of said hearing.

(B) The City Engineer shall post, or cause to be posted, conspicuously along the portion of the said street or other public way or place in which it is proposed to establish such a setback line or lines, notices of such intention to establish a setback line or lines, and such notices shall be posted not more than 300 feet apart and not less than three such notices shall be posted. Such notices shall state the passage of the resolution of intention and the time and place of the hearing thereon, and shall be posted not less than ten days before the date set for the hearing. A posting of a copy of the resolution of intention shall be deemed compliance with this requirement.

(`83 Code, § 12.12.020)

After the adoption of said resolution of intention, and prior to the time the ordinance establishing a setback line or lines in such proceedings 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.

(`83 Code, § 12.12.030)

At the time set for the hearing or on the day or time to which such hearing is postponed or continued, the City Council shall hear the evidence offered by any person interested. After hearing such evidence and considering the proposal, the City Council may, by ordinance, order the establishment of a line or lines to be known and designated as a setback line or lines between which line or lines of the street no building or structure shall be erected or constructed. The setback line or lines so established may be such as to conform with the setback line or lines as proposed in the resolution of intention, or may be changed or modified in whole or in part so as to establish a line or lines less distant from the street than the one proposed in the resolution of intention. If the Council determines that a setback line or lines farther from the street or from the centerline thereof should be established, a new resolution of intention shall be passed indicating the point at which it is intended to establish such setback line or lines, and all of the proceedings shall be followed which are required in the case of any other setback line or lines authorized by this chapter, unless all property owners affected approve such proposed setback line or waive such further proceedings. The Council shall have authority to abandon the proceeding to establish any setback line at any time after such proceedings are begun and before the final adoption of the ordinance creating same.

(`83 Code, § 12.12.040)

The procedure for abandoning or changing any setback line or lines established by the City Council shall be the same as the procedure for establishing such setback line or lines.

(`83 Code, § 12.12.050)

From and after the effective date of such ordinance establishing any setback line or lines, it shall be unlawful for any person, firm or corporation to construct any building, wall, fence, or other structure within the space between the street line and the setback line so established, and the Building Inspector shall refuse to issue any permit for any building or structure to be erected within such space. The establishment of such setback line or lines shall not operate in derogation of any greater setback requirement established by any subdivision or zoning law applicable to the property affected thereby.

(`83 Code, § 12.12.060)

Any person violating any of the provisions of this chapter or of any ordinance establishing any setback line or lines shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine or by imprisonment, or by both such fine and imprisonment as provided elsewhere in this code.

(`83 Code, § 12.12.070)