Article X — BUILDING SETBACK LINES

SECTION:

7-69: Findings Of City Council

7-70: Definitions

7-71: Centerline Of Each Street To Be Established

7-72: Structures And Buildings Prohibited Between Street And Building Setback Lines

7-73: Building Setback Lines Established

7-74: Building Permits; Compliance With Article Required

7-75: Penalty For Violation Of Article

7-76: Prohibited Construction Deemed Nuisance; Abatement

7-77: Construction Of Article; Effect On Zoning Ordinance

7-78: Variances

7-69: FINDINGS OF CITY COUNCIL:

In order to promote, protect, and maintain the health, welfare, and safety of the citizens of Porterville, it is deemed necessary that building setback lines as hereafter defined be established within and along all streets, alleys, and other thoroughfares within the city of Porterville. (Ord. 876 § 1, 5-4-1967)

7-70: DEFINITIONS:

BUILDING SETBACK LINE: A line running parallel with the centerline of a street at a distance hereafter established in this article.

STREET: As used in this article, shall include all streets, avenues, highways, and other thoroughfares within the city of Porterville. (Ord. 876 §§ 2, 3, 5-4-1967)

7-71: CENTERLINE OF EACH STREET TO BE ESTABLISHED:

The city engineer shall establish the centerline of each street within the city of Porterville. (Ord. 876 § 4, 5-4-1967)

7-72: STRUCTURES AND BUILDINGS PROHIBITED BETWEEN STREET AND BUILDING SETBACK LINES:

Between the building setback lines as they shall exist along all streets within the city of Porterville, it shall be unlawful to erect buildings of any kind; or to erect any structure including, but not limited to, advertising structures or solid walls or to establish any well, whether for water, oil or other hydrocarbon substance, or to make excavations or install any subsurface structure of any kind; provided, that such prohibition shall not apply to trees, agricultural crops, open fences, or public utilities installed under authority of law. (Ord. 876 § 5, 5-4- 1967)

7-73: BUILDING SETBACK LINES ESTABLISHED:

The building setback lines for each street within the city in feet shall be as set forth bychapter 21 of this code. (Ord. 876 § 6, 5-4-1967; Ord. 1355 § A, 6-3-1986)

7-74: BUILDING PERMITS; COMPLIANCE WITH ARTICLE REQUIRED:

All officers and employees of the city of Porterville authorized or required by law or ordinance to issue permits, licenses or other evidences of authority for the erection or locating of any building, structure or installation within the meaning of this article shall issue no such permit, license or other evidence contrary to the provisions of this article and any such permit, license or evidence of authority issued in conflict with the provisions of this article shall be null and void. (Ord. 876 § 7, 5-4-1967)

7-75: PENALTY FOR VIOLATION OF ARTICLE:

Any person, firm, association or corporation who shall erect, locate or install, or who shall cause to be erected, located or installed any

building, structure, excavation, well, or subsurface structure, contrary to the provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the city or county jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each such person, firm, association or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provisions of this article is permitted or continued by such person, firm, association or corporation, and shall be punishable therefor as provided in this article; provided, that any building structure, well, excavation or subsurface structure existing on the effective date of this article shall not be deemed to be a violation of this article. (Ord. 876 § 8, 5-4-1967)

7-76: PROHIBITED CONSTRUCTION DEEMED NUISANCE; ABATEMENT:

It is hereby declared that any prohibited construction within the provisions of this article within the building setback lines herein established shall be and is hereby declared to be a public nuisance subject to abatement and further subject to all other legal remedies to the city of Porterville. (Ord. 876 § 9, 5-4-1967)

7-77: CONSTRUCTION OF ARTICLE; EFFECT ON ZONING ORDINANCE:

This article shall not nor shall it be construed to limit any zoning ordinance of the city of Porterville now in effect or hereafter adopted. (Ord. 876 § 10, 5-4-1967)

7-78: VARIANCES:

If unnecessary hardships or results inconsistent with the general purpose of this article result through the strict and literal interpretations and enforcement thereof in relation to properties which, because of size, shape, location or other special circumstances, might be unreasonable or inconsistently affected by the provisions of this article, the city council of the city of Porterville, upon a written application from the owner or owners of such property, shall have the authority to grant a variance from the provisions of this article as may be in harmony with its general purpose and intent, so that the spirit of this article shall be observed, public safety and welfare served and substantial justice done. Provided further, that the granting of such variance shall be subject to the procedures set forth and described in the zoning ordinances of the city of Porterville, and before granting any variance the city council shall strictly follow the procedures set forth in said zoning ordinances. (Ord. 1537 § B40, 8-6-1996)