Chapter 6.35
PLAN LINE SETBACKS
Sections:
6.35.020 Building lines established – Generally.
6.35.030 Building lines established – Specific lines.
6.35.040 Protection of rights-of-way for future widening of existing streets and for mapped streets.
6.35.050 Restrictions on issuance of building permits.
6.35.080 Effect of chapter on existing buildings.
6.35.090 Compliance with other ordinances, etc.
As to setback exceptions, see SLTCC 6.55.170.
6.35.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Applicant” means any person applying for a building permit within this city.
“Building line” means that certain line established by the city council, as herein provided. Within the area of a lot between such building line and an abutting street right-of-way, no structure shall be erected, constructed or maintained except as set forth in this chapter.
“Building setback area” means the area of a lot between the building line and abutting street right-of-way, extending the full width of such lot.
“General plan” means a general plan or precise plan approved by the city council in accordance with applicable state law.
“Lot” means any lot, parcel or other real property situated within the city.
“Mapped street” means a future street which is laid out and delineated on the general plan of the city, and on a map of such size, scale and detail that the precise alignment of such street is ascertainable.
“Notice, written” means written notice deposited by United States mail, postage prepaid, addressed to the last known address of the designated addressee.
“Owner” means any person entitled to the use or possession of real property.
“Street” means any street, highway, avenue, boulevard, road, walk, alley, right-of-way, lane, place, square or other public way which heretofore has been, or may hereafter be, dedicated or otherwise acquired by this city or other governmental agency for public street purposes.
“Structure and building” means such terms are synonymous, and shall mean anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty or which is intended to rest other than temporarily thereupon, or which is attached to something having a fixed location on or below the ground. (Ord. 128 § 1; Ord. 1105 § 1 (Exh. B). Code 1997 § 21-1)
6.35.020 Building lines established – Generally.
Where a lot abuts a public street, a building line is hereby established on such lot parallel to the front lot line thereof and located, measured from the existing center of such street, a distance equal to the required depth of the front yard of such lot, plus a distance equal to one-half of the ultimate width of such abutting street as such ultimate width is shown on the general plan; provided, that the city council may, by ordinance adopted in the manner required by law for the adoption of an ordinance adopting or amending a precise plan, provide for a building line on one side of a specific street only. (Ord. 128 § 1. Code 1997 § 21-2)
6.35.030 Building lines established – Specific lines.
Pursuant to SLTCC 6.35.020, the city council does hereby declare a building line on the east side of Johnson Boulevard from its intersection with Happy Homestead Cemetery Road to its intersection with the proposed extension of Treehaven Drive of 20 feet, plus the required depth of the front yard as provided in Chapter 6.55 SLTCC. (Ord. 128 § 1. Code 1997 § 21-3)
6.35.040 Protection of rights-of-way for future widening of existing streets and for mapped streets.
The following regulations are hereby established for the protection of rights-of-way for future widening of existing streets and for mapped streets:
A. Establishment of Future Streets. In accordance with applicable provisions of state law, the city council may designate and delineate mapped streets and make the same as part of the general plan. When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way thereof, except as hereinafter specifically provided.
B. Building Lines on Partially Dedicated Streets. With regard to lots abutting a street or streets upon which there has been a previous determination by the planning commission and city council that only a portion of the ultimate street width has been acquired, the city council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the general plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in SLTCC 6.35.020.
C. Proceedings for Amendment of General Plan. Proceedings for amendment of the general plan by the designation of mapped streets for proposed widening along any existing street or portion thereof or for any future street may be initiated by the planning commission, by the city council or by any person filing a petition therefor with the planning commission. The planning commission shall thereupon process the matter as an amendment to the general plan. Upon receiving such recommendation of the planning commission and whenever the public peace, health, safety, interest or welfare is found to so require, the city council may establish the proposed width of such streets, and the alignment of such future streets, and thereupon shall cause the general plan to be amended accordingly, as provided by state law. (Ord. 128 § 1. Code 1997 § 21-4)
6.35.050 Restrictions on issuance of building permits.
No building permit shall be issued for construction of any structure in any building setback area or in the right-of-way of any mapped street. Temporary structures such as walls, fences, signs or other easily removable structures, involving a cost of not to exceed $1,000, may be permitted in such areas. (Ord. 128 § 1. Code 1997 § 21-5)
6.35.060 Appeals.
A. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to SLTCC 6.35.050 may appeal pursuant to Chapter 2.35 SLTCC.
B. The planning commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true:
1. That the denial of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or
2. That in balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that issuance of the building permit is required in the interests of justice and equity.
C. The planning commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:
1. That the applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area or in the mapped street; or
2. That in balancing the interest of the public and preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property.
D. The planning commission may attach reasonable conditions to its decision.
E. The applicant shall be given written notice of the action taken by the planning commission. (Ord. 128 § 1; Ord. 1105 § 1 (Exh. B). Code 1997 § 21-6)
6.35.070 Applicant may demand that city acquire land located within mapped street – Proceeding upon failure of city to act.
After exhaustion of administrative relief as provided in SLTCC 6.35.060, any applicant dissatisfied with the final decision may, by written notice filed within 15 days thereafter, demand that the city council acquire by eminent domain or other available proceeding the land belonging to the applicant and located within the right-of-way of the mapped street. Upon failure of the city council within six months thereafter to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit, and thereupon such building permit shall be issued. (Ord. 128 § 1. Code 1997 § 21-8)
6.35.080 Effect of chapter on existing buildings.
Structures existing in building setback areas and in mapped streets on September 14, 1967, shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement and amortization provided in Chapter 6.55 SLTCC. (Ord. 128 § 1. Code 1997 § 21-9)
6.35.090 Compliance with other ordinances, etc.
This chapter shall not permit the construction, erection, placing or maintenance of any structure at any place where the same is prohibited by any other provision of this code or any other law, regulation or ordinance. (Ord. 128 § 1. Code 1997 § 21-10)