Proceedings for the establishment of setback lines along any
portion of any street in the City may be initiated and conducted as
provided in this chapter. A verified petition may be filed with the
City Council asking that such setback lines be established. Such petition
shall describe the streets or portion of streets along which such
setback lines are sought to be established and shall be accompanied
by a sketch or map showing the street and lot lines and the proposed
setback lines and the distance thereof from the regularly established
property line of such streets. The City Council shall thereafter cause
an investigation to be made if satisfied that the proposed setback
lines should be established as set forth in such petition, or should
be established so as to include other and additional streets or portions
of streets, may establish such lines in the manner hereinafter described
in this chapter.
(Prior code § 22.60)
Whenever the public peace, health, safety, comfort, convenience,
interest or welfare may so require, the City Council is authorized
and empowered to determine the minimum distance back of 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, constructed
or placed.
(Prior code § 22.61)
Before ordering the establishment of any setback line authorized by Section
13-28.020, the City Council shall pass a resolution of intention to do so, designating the setback line proposed to be established. Such resolution shall be published once in the official newspaper of the City, and two copies of the resolution shall be posted conspicuously at least 100 feet apart upon the side of each street in front of each block or part of block or any street where such setback line is proposed to be established. Such 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 may appear before the City Council and present any objection which they may have to the proposed setback line as set forth in the resolution of intention. The time of hearing shall be not less than 15 days nor more than 30 days from the date of the adoption of the resolution of intention, and the publication and posting of the resolution shall be made at least 10 days before the time fixed for the hearing.
(Prior code § 22.62)
After the adoption of the resolution of intention and prior
to the time the ordinance establishing a setback line 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.
(Prior code § 22.63)
At any time not later than the hour set for hearing objections
and protests to the establishment of the proposed setback line, any
person having any interest in any land upon which such 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
designated in the resolution of intention. Such protests must be in
writing and must be delivered to the City Clerk not later than the
hour set for the hearing and no other protests or objections shall
be considered by the City Council upon such hearing. All protestants
may appear before the City Council at the hearing either in person
or by counsel, and be heard in support of their protest or objection.
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 City Council shall have power and jurisdiction to
sustain any protest or objection and abandon the proceedings or deny
the establishment of the setback line described in the resolution
of intention or to order the same established with such changes or
modifications as the Council may deem proper.
(Prior code § 22.64)
From and after the taking effect of an ordinance establishing
any setback line, it shall be unlawful for any person to construct
or place any building, wall, fence, or other structure within the
space between the street line and the setback line so established,
and the building inspector of the City shall refuse to issue any permit
for any building or structure to be erected within such space.
(Prior code § 22.65)