Chapter 18.92
PROCEDURE FOR ESTABLISHING SETBACK LINES

Sections:

18.92.010  Procedure.

18.92.020  Minimum distance from street line.

18.92.030  Exception.

18.92.040  Resolution of intention.

18.92.050  Void building permit.

18.92.060  Written protest hearing.

18.92.070  Power of Council.

18.92.080  Building prohibition.

18.92.010 Procedure.

Proceedings for the establishment of setback lines along any portion of any street in the City may be initiated as in this title provided. A petition may be filed with the City Council, or the City Council on its own motion may institute proceedings, asking that such setback lines be established, which petition shall designate the 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 line. Said City Council shall thereupon refer said petition to the City Planning Commission for attention and said Commission shall thereafter cause an investigation to be made, after which said petition shall be presented to the City Council, together with the recommendation of said City Planning Commission. (Zoning Ord. § 46-1).

18.92.020 Minimum distance from street line.

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 is hereby 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 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, and in considering the location of any such setback line, the City Council may consider the probable and planned future widening or establishment of any street along which any property affected by said setback line is located, and said City Council in any such proceeding may establish a plan line, delineating the probable and planned future boundary lines of said street or streets. (Zoning Ord. § 46-2).

18.92.030 Exception.

The restrictions imposed by this section shall not apply to any open porch, veranda or steps which are not supported on the main foundation wall and which do not protrude more than six feet toward the street in front thereof, or shut off the light, air or vision from adjacent residences now or hereafter constructed or located. (Zoning Ord. § 46-3).

18.92.040 Resolution of intention.

Before ordering the establishment of any setback line or plan line authorized by the provisions of SCCC 18.92.010, the Council shall pass a resolution of intention so to do, designating the setback and/or plan line proposed to be established, which resolution shall be published once in an official newspaper of said City; and one copy of said resolution shall be posted conspicuously upon the street in front of each block or place where such setback and/or plan line is proposed to be established. Said 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 and/or plan line may appear before said Council and present any objection which they may have to said proposed setback and/or plan line as set forth in said resolution of intention. Said time of hearing shall not be less than fifteen (15) nor more than forty (40) days from the date of the adoption of the resolution of intention; and said publication and posting of said resolution shall be made at least ten days before the time of said hearing. (Zoning Ord. § 46-4).

18.92.050 Void building permit.

After the adoption of the resolution of intention and prior to the time the resolution establishing a setback and/or plan line in such proceedings becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback and/or plan line and the said street line, and any permit so issued shall be void. (Zoning Ord. § 46-5).

18.92.060 Written protest hearing.

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback and/or plan line, any person having any interest in any land upon which said setback and/or plan line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of the same designated in the resolution of intention. Such protest must be delivered to said Clerk not later than the hour set for said hearing, and no other protests or objections shall be considered. All protestants may appear before the Council at said hearing, either in person or by counsel, and be heard in support of their protests or objections. At the time set for hearing, or at any time to which the said 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. (Zoning Ord. § 46-6).

18.92.070 Power of Council.

Said Council shall have power and jurisdiction to sustain any protest or objection and abandon said proceeding, or to deny any and all protests or objections, and order by resolution the establishment of said setback and/or plan 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. (Zoning Ord. § 46-7).

18.92.080 Building prohibition.

From and after the taking effect of such resolution establishing any setback or plan line, no person shall construct any building, or structures exceeding three feet in height, within the space between the said street line and the plan line so established; and no building permit shall be issued for the erection of any building and/or structure between any proposed setback or plan line and the said street line, and any permit so issued shall be void. (Zoning Ord. § 46-8).