(a)
Setback in fire zone.
From and after the effective date of this section, no person, firm, partnership, association or corporation shall, within the fire zone as now enacted or hereafter provided by city ordinance, construct, erect, reconstruct or substantially repair any building or part thereof within five (5) feet of the abutting right-of-way line of any public street within the corporate limits of the city. The term "public street" as used in this section shall include public streets, highways, boulevards, alleys and ways dedicated to the public use, whether or not such dedicated ways are actually open for public use.
(b)
Setback outside of fire zone.
From and after the effective date of this section, no person, firm, partnership, association or corporation shall, outside of the fire zone as now provided or hereafter enacted by city ordinance, construct, erect, reconstruct or substantially repair any building or part thereof within twenty-five (25) feet of the abutting right-of-way line of any public street within the corporate limits of the city.
(c)
Setback on corner lots in fire zone.
In the case of a lot or tract within the fire zone, as now provided or hereafter enacted, two or more sides of which abut public streets, the side of the building or part thereof containing the main entrance shall be located at least five (5) feet from the abutting right-of-way line of the closest public street. Every other side of such building shall be at least five (5) feet from the right-of-way line of the closest public street abutting said property.
(d)
Setback on corner lots outside of fire zone.
In the case of a lot or tract outside of the fire zone, as now provided or hereafter enacted, two or more sides of which abut public streets, the side of the building or part thereof containing the main entrance shall be located at least twenty-five (25) feet from the abutting right-of-way line of the closest public street. Every other side of the building shall be at least ten (10) feet from the right-of-way line of the closest public street abutting said property.
(e)
Setback from boundary lines of adjacent lots and utility easement lines.
No building or part thereof outside of the fire zone, as now provided or hereafter enacted, shall be built or located less than five (5) feet from the common boundary line of an adjacent lot or tract not a public street or less than five (5) feet from any utility easement line applicable to the subject property, whichever of such distances provides the greater setback from the common boundary line of an adjacent lot or tract not a public street.
(f)
Exemption of residential single-family properties and buildings.
From and after the effective date of this section, any residential single-family properties and buildings are hereby removed from the fire zone restrictions.
(g)
Applicability.
Fire zone boundaries and requirements in this section shall stand as written and enforced for all multi-family units, structures and buildings, and all commercially used land and buildings.
(h)
Existing buildings.
All buildings or parts thereof extending within the building lines herein established shall be required to conform to the new lines within a period of twenty-five (25) years from the effective date of this section.
(i)
Variances.
(1)
The city council shall have the authority to grant variances from the setback requirements set forth in subsections (b) and (d) of this section when, in the opinion of the city council, the granting of the variance is deemed to be in the best interest of the city and the person or entity requesting the variance. Furthermore, the granting of a variance shall not jeopardize the safety, health and well-being of adjacent property owners or the general public.
(2)
All variances shall be requested in writing and shall clearly show, by attachments if reasonably required, facts supporting the need for a variance. The mayor or his or her designee shall have the authority to request such other information as may be deemed reasonably required for submission of the request to the city council. No variance shall be effective until acted upon by the city council, and the city council's action shall be noted in the minutes of the city council meeting at which such variance is acted upon.
(j)
Penalty.
Any firm, business, corporation or person found guilty of violating any part of this section shall be subject to such penalties as provided by law for a class C misdemeanor, and each day during which violation of this section occurs or continues shall be considered a separate offense.
(Ordinance 145, sec. 7.01, adopted 12/20/2021; Ordinance adopting Code)