[1961 Code, § 18.48; Ord. 702]
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT
Any person applying for a building permit within this city.
GENERAL PLAN
The general plan of the city.
LINE, BUILDING
That certain line established by the City Council as provided in this subchapter. Within the area of a lot between such building line and an abutting street right-of-way no structure shall be erected, constructed or maintained except as set forth in this subchapter.
LOT
Any lot, parcel or other real property situated within the city.
NOTICE OF APPEAL
A written statement, filed on a prescribed form, appealing to the City Council an action or decision of the Planning Commission hereunder.
NOTICE, WRITTEN
A written notice deposited by United States mail, postage prepaid, addressed to the last-known address of the designated addressee.
OWNER
Any person entitled to the possession of real property.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind, including public agencies.
SETBACK AREA, BUILDING
The area of a lot between the building line and abutting street right-of-way extending the full width of such lot.
STREET
Any street, highway, avenue, boulevard, road, walk, alley, right-of-way, lane, place, square or other public way which heretofore has been, or may hereafter be dedicated or otherwise acquired by this city or other governmental agency for public street purposes.
STREET, MAPPED
A future street which is laid out and delineated on the general plan and on an addendum map of such size, scale and detail that the precise alignment of such street is ascertainable.
STRUCTURE and BUILDING
Anything constructed or erected from an assembly of materials or component parts and which is attached or affixed to realty, or which is intended to rest other than temporarily thereupon, or which is attached to something having a fixed location on or below the ground.
[1961 Code, § 18.49; Ord. 702]
Where a lot abuts a public street, a building line is established on such lot parallel to the front lot line thereof and located, measured from the existing center of the street, a distance equal to the required depth of the front yard of the lot (as prescribed by the zoning regulations in the Unified Development Code), plus a distance equal to one-half of the ultimate width of the abutting street, as the ultimate width is shown on the general plan.
[1961 Code, § 18.50; Ord. 702]
(A) 
Establishment of future streets. In accordance with applicable provisions of state law, the City Council may designate and delineate mapped streets and make the same as part of the general plan. When any such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way thereof, except as specifically provided in this subchapter.
(B) 
Building lines on partially dedicated streets. With regard to lots abutting a street or streets upon which there has been a previous determination by the Planning Commission and City Council that only a portion of the ultimate street width has been acquired, the City Council shall determine the precise ultimate street width and shall adopt the same as a mapped street on the general plan, and thereafter such alignment shall be the basis for the establishment of a building line, as provided in § 97.086.
(C) 
Proceedings for building permit. Proceedings for amendment of the general plan by the designation of mapped streets for proposed widenings along any existing street or portion thereof or for any future street may be initiated by the Planning Commission, by the City Council, or by any person filing a petition therefor with the Planning Commission. The Planning Commission shall thereupon process the matter as an amendment to the general plan.
(D) 
Upon receiving such recommendation of the Planning Commission and whenever the public peace, health, safety, interest or welfare is found to so require, the City Council may establish the proposed width of such street or streets, and the alignment of such future streets, and thereupon shall cause the general plan to be amended accordingly, as provided by state law.
[1961 Code, § 18.51; Ord. 702]
No building permit shall be issued for construction of any structure in any building setback area or in the right-of-way of any mapped street. Temporary structures such as walls, fences, signs or other easily removable structures, involving a cost of not to exceed $1,000 may be permitted in such areas.
[1961 Code, § 18.52; Ord. 702]
(A) 
Hearings. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to§ 97.088 may by written notice request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon and within 30 days thereafter hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed to the applicant and to any other person requesting such notice.
(1) 
The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true:
(a) 
The denial of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or
(b) 
In balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that issuance of the building permit is required in the interest of justice and equity.
(2) 
The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:
(a) 
The applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area, or in the mapped street; or
(b) 
In balancing the interest of the public and preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property.
(3) 
The Planning Commission may attach reasonable conditions to its decision.
(4) 
The applicant and City Council shall be given written notice of the action taken by the Planning Commission.
(B) 
Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date of the mailing of the notice of the decision of the Planning Commission. The City Council shall set the matter for hearing before it within 30 days, and shall, at least ten days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and the applicant shall be notified of the decision of the City Council.
[1961 Code, § 18.53; Ord. 702]
After exhaustion of administrative relief as provided in § 97.100, any applicant dissatisfied with the final decision may, by written notice filed within 15 days thereafter, demand that the City Council acquire by eminent domain or other available proceeding the land belonging to applicant and located within the right-of-way of the mapped street. Upon failure of the City Council within six months thereafter to commence such acquisition proceedings, or thereafter with reasonable diligence to prosecute the same to completion, the applicant may reapply for such building permit and thereupon such building permit shall be issued.
[1961 Code, § 18.54; Ord. 702]
Structures existing in building setback areas and in mapped streets on the date of the adoption of this subchapter shall be deemed to be legal nonconforming structures, subject to the regulations, limitations, abatement and amortization provided in the zoning regulations in the Unified Development Code.
[Ord. 1150, 2-16-1994]
The City Clerk is hereby designated to accept, on behalf of the city, streets and roads or portions thereof, into the city street system and to record conveyances to the city of real property interests for street and road uses and purposes. The City Clerk shall, prior to recording any conveyances, affix a certificate to the instrument stating the acceptance into the city street system and designating the name or number, or both, of the city street or road.