[Ord. No. 3740-06 §2, 4-19-2006]
In order to not only provide for and protect safe and clear
rights-of-way and to provide adequate light, air and open space in
conformity with buildings existing prior to the adoption of this Chapter
and buildings which have been erected in conformity with the order
of the County Court established building lines along major highways,
those building lines which were in effect within the limits of property
now included in the City shall be observed as set forth in this Article.
[Ord. No. 3740-06 §2, 4-19-2006]
The location of the building lines for structures on certain
highways is as follows:
Lindbergh Boulevard. From the south limits
of the City to the north limits of the city, the building line shall
be set back a distance of sixty (60) feet perpendicular from and running
parallel to the Lindbergh Boulevard right-of-way.
[Ord. No. 3740-06 §2, 4-19-2006]
Except as provided in this Article, no building or structure
shall be erected, reconstructed or structurally altered in such a
manner that any portion of the building shall project into the area
between the centerline of the highway and the building line established
by this Chapter.
[Ord. No. 3740-06 §2, 4-19-2006]
The lawful use of any building, except advertising signs and
billboards, all or part of which may be in violation of this Chapter,
may be continued; provided, that no structural alterations shall thereafter
be made on that portion of the non-conforming building between the
building line and the centerline of the highway. New buildings to
replace destroyed or removed non-conforming buildings shall conform
to the provisions of this Chapter.
[Ord. No. 3740-06 §2, 4-19-2006]
Any advertising sign, billboard or stored material within the
prohibited area shall be removed, unless attached to non-conforming
commercial buildings, which latter signs may be continued during the
life of the building.
[Ord. No. 3740-06 §2, 4-19-2006]
A.
The
regulations in this Chapter shall be subject to the following exceptions:
1.
The ordinary projection of sills, cornices, eaves and ornamental
features of a building into the area between the boundary of the highway
and the building line may be permitted for a distance not to exceed
five (5) feet.
2.
Open, unenclosed porches, awnings and canopies containing no signs
or advertising and paved terraces may project beyond the building
lines established by this Chapter for a distance not to exceed ten
(10) feet, but in no case shall any structure project beyond the lot
line.
3.
Poles, wires, pipes, water hydrants and other similar utilities and
necessary appurtenances may be erected, repaired and maintained within
the area between the building lines and the centerline of the highway,
provided a lawful easement is in effect.
4.
When three hundred (300) or more lineal feet of continuous frontage
along a highway, to which this Article applies, is developed and not
less than fifty percent (50%) of this frontage contains commercial
structures, the distance of the building lines provided in this Chapter
shall be reduced to meet the general average of the existing buildings
within the three hundred (300) feet of frontage chosen for measurement.
5.
When vacant ground lies between existing buildings not conforming
to this Chapter and not more than three hundred (300) feet apart,
a building may be erected on such vacant ground on a line drawn between
the closest front corners of the existing buildings; provided, that
the building shall not be erected on land which is within the proposed
future right-of-way designated by this Article for a major highway.
6.
Pumps and other necessary mechanical devices, connected with any
lawful structures, may be authorized by special permit from the Council.
7.
Roadside stands and other legal, authorized temporary structures
may be erected, by special permit from the Council, to be removed
within a period of one (1) year or such other time as the permit may
stipulate.
8.
Trailers, buses and other vehicles may be located within the building
lines, by permission of the Council, to be removed on thirty (30)
days' notice in the event of widening of the highway.
9.
Where the owner of the premises and holder of encumbrances thereon
agree in writing, properly acknowledged for recording, that they will
waive all damages that may result from the taking, destruction or
removal of the building for street purposes, the Council may, to avoid
hardship or to more closely conform to existing buildings nearby and
for other special reasons, permit some encroachment within the building
lines by special permit, if the location of the building will not
interfere with proper and adequate light, air and visibility of nearby
buildings and streets.
