Chapter 15.48
SETBACK LINES PROCEDURE

Sections:

15.48.010    Establishment – Proceedings initiation.

15.48.020    Establishment – Determination.

15.48.030    Establishment – Resolution of intention.

15.48.040    Building permit issuance restrictions.

15.48.050    Protests – Decision.

15.48.010 Establishment – Proceedings initiation.

Proceedings for the establishment of setback lines along any portion of any street or other public way or place in the city may be initiated as in this chapter provided. A petition may be filed with the city council asking that such setback lines be established, which petition shall designate the street or portion of street along which such lines are sought to be established, and shall be accompanied by a map or sketch showing the street and lot lines and the proposed setback lines and the distance thereof from the regularly established property lines. [1937 Code § 591.]

15.48.020 Establishment – Determination.

Upon consideration of such petition or upon its own motion whenever the public peace, health, safety, comfort, convenience, interest or welfare may require, the council of the city is authorized and empowered to determine the minimum distance back from the street line for the erection of buildings or structures along any portion of any street, public way or place in the city, and to order the establishment of a line to be known and designated as a setback line between which line and the street line no building or structure shall be erected or constructed. [1937 Code § 592.]

15.48.030 Establishment – Resolution of intention.

Before ordering the establishment of any setback line authorized by PMC 15.48.020, the council shall pass a resolution of intention so to do, designating the setback line or lines proposed to be established, which resolution shall be published once in a newspaper published and circulated in the city and designated by the city council for the purpose. One copy of the resolution shall be posted conspicuously upon the street in front of each block or part of block of any street, public way or place where such setback line is proposed to be established. The resolution shall contain also a notice of the day, hour and place when and where any and all persons having any 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 proposed setback line or lines as set forth in the resolution of intention. The time of hearing shall not be less than 15 nor more than 40 days from the date of the adoption of the resolution of intention. The publication and posting of the resolution shall be made at least 10 days before the time of the hearing. [1937 Code § 593.]

15.48.040 Building permit issuance restrictions.

After the adoption of the resolution of intention provided for in PMC 15.48.030 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. [1937 Code § 594.]

15.48.050 Protests – Decision.

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line or lines, any person having any interest in any land upon which the setback line is proposed to be established may file with the city clerk a written protest or objection against the establishment of the setback line or lines designated in the resolution of intention. Such protest must be in writing and be delivered to the clerk not later than the hour set for the hearing, and no other protests or objections shall be considered. All protestants may appear before the council at the hearing, either in person or by counsel, and be heard in support of their protest or objections. At the time set for hearing or at any time to which the hearing may be continued, the council shall proceed to hear and pass upon all protests or objections so made, and its decision shall be final and conclusive.

The council shall have power and jurisdiction to sustain any protest or objection and abandon the proceeding, or deny any and all protests or objections, and order by ordinance the establishment of the setback line or lines described in the resolution of intention, or to order the same established with such changes or modifications as the council may deem proper. [1937 Code § 595.]