In order to promote the public health, safety and general welfare, it is the object and purpose of this chapter to provide for the establishment of building lines along any street or portion thereof so as to regulate the distance from the street line at which buildings, structures or improvements may be erected, constructed, established or maintained.
(Rev. Code 1954 § 9501)
Procedure for the establishment of building lines along any street or portion thereof may be initiated by the filing of an application signed by one or more of the owners or lessees whose property abuts such street or by a resolution adopted by the Council. Such application or resolution shall designate the street or portion thereof along which the building lines are sought to be established and the distance from the street line at which such lines are to be located.
(Rev. Code 1954 § 9502)
Upon the filing of an application for the establishment of building lines or the adoption of such resolution, the City Manager shall cause an investigation to be made and shall thereafter present the application or resolution to the Council together with the recommendations of the City Manager.
(Rev. Code 1954 § 9503)
Before ordering the establishment of any building line authorized by this chapter, the following steps must be taken:
A. 
The Council shall pass a resolution of intention so to do, designating the building line proposed to be established.
B. 
Such resolution shall be published once in a newspaper of general circulation published and circulated in this city and designated by the Council for the purpose, and one copy of the resolution shall be posted conspicuously upon the street in front of each block or part of block on any street, public way or place where such building line is proposed to be established. The resolution shall also contain a notice of the day, hour and place when and where any and all persons having any objection to the establishment of the proposed building line or lines may appear before the Council and present any objection which they may have to the proposed building line as set forth in the resolution of intention.
C. 
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.
(Rev. Code 1954 § 9505; O1459)
After the adoption of a resolution of intention, and prior to the time the ordinance establishing a building line in such proceedings becomes effective, no building permit shall be issued for the erection of any building, structure or improvement between any proposed building line and the street line and any permits so issued shall be void.
(Rev. Code 1954 § 9506)
At any time not later than the hour set for hearing objections and protests to the establishment of the proposed building line, any person having an interest in the land upon which the building line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of the building line designated in the resolution of intention. Such protest 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; provided, however, that those having filed may appear before the Council at the 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 hearing may be continued, the Council shall hear and pass upon all protests or objections so made and its decision shall be final.
(Rev. Code 1954 § 9507)
The Council shall have the power and jurisdiction to sustain any protest or objection and abandon the proceedings, or to deny any and all protests or objections and order by ordinance the establishment of the building line described in the resolution of intention, or to order the same established with such changes or modifications as the Council may deem proper.
(Rev. Code 1954 § 9508)
Upon consideration of such application or resolution, or whenever the public health, safety or general welfare require, the Council is authorized and empowered to determine by ordinance the minimum distance back from the street line for the erection, construction, establishment or maintenance of buildings, structures or improvements along any street or portion thereof and to order the establishment of a line to be known and designated as a building line between which line and the street line no building, structure or improvement shall be erected, constructed, established or maintained.
(Rev. Code 1954 § 9504)
A. 
The setback lines established in this chapter shall in all cases be in addition to the yard requirements established by the zoning regulations in Title 17 of this code.
B. 
Upon widening of any street on which setback lines are required pursuant to this chapter, in all zones other than R-1 and R-2 zones, the yard requirements of Title 17 of this code, so far as the frontage along the street so widened is concerned, shall no longer be effective. In all R-1 and R-2 zones, such yard requirements shall continue to be in effect regardless of such widening.
(Rev. Code 1954 § 9510; O1882)
Building setback lines, establishing the minimum distance back from the centerline of the street for the erection, construction, establishment or maintenance of buildings, structures or improvements shall be as follows:
A. 
From the centerline of the following streets, in E-1, R-1, R-TH, R-2 and R-3 zones, 50 feet; in R-4, R-5, T-1, C-1, C-1-C and C-L zones, 45 feet; and in C-2, C-3 and M zones, 42 feet;
1. 
Coombsville Road, Silverado Trail to east city limits,
2. 
First Street, Soscol Avenue to Silverado Trail,
3. 
Jefferson Street, south city limits to north city limits,
4. 
Old Sonoma Road, Lilienthal Avenue to Jefferson Street,
5. 
Soscol Avenue, Napa River to Caymus Street,
6. 
Third Street, Jefferson Street to Church Street,
7. 
Trancas Street, freeway to east city limits.
B. 
From the centerline of the original 50-foot right-of-way in E-1, R-1, R-TH, R-UTH, R-2 and R-3 zones, 43 feet on the west side and 57 feet on the east side; in R-4, R-5, T-1, C-1, C-1-C, C-L, O-R and P-S zones 38 feet on the west side and 52 feet on the east side; and in C-2, C-3 and M zones, 35 feet on the west side and 49 feet on the east side:
Soscol Avenue, Lincoln Avenue to north city limits.
C. 
From the centerline of the original 50-foot right-of-way in E-1, R-1, R-TH, R-UTH, R-2 and R-3 zones, 39 feet on the west side and 87 feet on the east side; in R-4, R-5, T-1, C-1, C-1-C, C-L, O-R and P-S zones, 34 feet on the west side and 82 feet on the east side; and in C-2, C-3 and M zones, 31 feet on the west side and 79 feet on the east side:
Soscol Avenue, Caymus Street to 500 feet south of the centerline of Lincoln Avenue.
D. 
From the centerline of the original 50-foot right-of-way in E-1, R-1, R-TH, R-UTH, R-2 and R-3 zones, 51 feet on the west side and 87 feet on east side; in R-4, R-5, T-1, C-1, C-1-C, C-L O-R and P-S zones, 46 feet on the west side and 82 feet on the east side; and in C-2, C-3 and M zones, 44 feet on the west side and 79 feet on the east side:
Soscol Avenue, Lincoln Avenue to 500 feet south of the centerline of Lincoln Avenue.
E. 
From the westerly line of the following street, in all zonal districts, 24 feet:
Silverado Trail, south city limits to north city limits.
F. 
From the centerline of the following street, in E-1, R-1, R-TH, R-2, R-3, R-4, R-5, T-1, C-1, C-1-C and C-L zones, 50 feet; and in C-2, C-3 and M zones, 42 feet.
Lincoln Avenue, west city limits to east city limits.
G. 
From the centerline (projected) of Clay Street from Warren Street to Monroe Street, in R-1, R-2 and R-3 zones, 50 feet; and in R-4 and R-5 zones, 45 feet. For the portion of Clay Street between the above-described limits that is 30 feet in width, the centerline (projected) is the southerly line of said 30-foot wide right-of-way.
(Rev. Code 1954 § 9509; O1589; O1812; O2082; O2107)
In the instance of all setback lines established in this chapter, no structures shall be allowed within the setback line established, save and excepting that temporary nonresidential structures, which may subsequently be required to be removed, may be built as hereafter stated:
A. 
The owner of the property, upon application to the Council accompanied by building plans, shall be allowed to build within the setback line, provided:
1. 
The Council determines that such structure will not interfere with the basic purpose of the setbacks as set forth in Section 15.34.100;
2. 
A structure or portion of a structure allowed within the setback line shall be limited to one story not exceeding 1,000 square feet of floor area or not more than 10% of the floor area of the building to which attached;
3. 
The applicant shall post a cash or security deposit with the city in an amount equal to 150% of the estimated cost of removal;
4. 
Said structure shall encroach into a front yard required by Title 17.
B. 
Such authority to so building shall be subject to revocation by the Council at any time and the owner of the property shall remove such structure, within 60 days from the date of written notice of such revocation, at his or her sole cost and expense.
C. 
No compensation shall be due the owner of such property in the event of revocation.
D. 
Any approval shall expire after one year if not used.
(O2216)