15.48.010 - Building and structure defined.

For the purposes of this chapter the word "building" and the word "structure" shall not be construed to include a coping, a fence not higher than three feet, a retaining wall, or a walk or stairway leading to the building.

(Prior code § 7-3.01)

15.48.020 - Proceedings for establishment.

Proceedings for the establishment of setback lines along any portion of any street in the city may be initiated and conducted as in this chapter provided. A verified petition may be filed with the City Council asking that such setback line or lines be established. Said petition shall describe the street or streets or portion of street 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 line or lines and the distance thereof from the regularly established property line of said street or streets.

The City Council shall thereafter cause an investigation to be made and, if satisfied that the proposed setback line or lines should be established as set forth in said petition or should be established so as to include other and additional street or streets or portions of streets, may establish said line or lines in the manner hereinafter in this chapter described.

(Prior code § 7-3.02)

15.48.030 - Authority of Council to establish.

Whenever the public peace, health, safety, comfort, convenience, interest or welfare may so require, the said City Council of the city 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 said line and the street line no building or structure shall be erected, constructed or placed.

(Prior code § 7-3.03)

15.48.040 - Resolution of intention—Publication, posting and notice.

Before ordering the establishment of any setback line authorized by Section 15.48.030, the City Council shall pass a resolution of intention so to do, designating the setback line or lines proposed to be established. Said resolution shall be published once in the official newspaper of the city, and two copies of said resolution shall be posted conspicuously at least one hundred (100) feet apart upon the side of each street in front of each block or part of block of any street where such setback line is proposed to be established. Said 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 or lines may appear before the City Council and present any objection which they may have to said proposed setback line or lines as set forth in said resolution of intention. Said time of hearing shall not be less than fifteen (15) days or more than thirty (30) days from the date of the adoption of the resolution of intention and said publication and posting of said resolution shall be made at least ten days before the time for said hearing.

(Prior code § 7-3.04)

15.48.050 - No building permit pending establishment.

After the adoption of said resolution of intention and prior to the time the ordinance establishing a setback line or lines 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 § 7-3.05)

15.48.060 - Protesting establishment of setback lines.

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line or lines, any person having any interest in any land upon which said setback line is proposed to be established may file with the City Clerk a written protest or objection against the establishment of said setback line or lines designated in the resolution of intention. Such protests must be in writing and must be delivered to said City Clerk not later than the hour set for said hearing and no other protests or objections shall be considered by the City Council upon said hearing. All protestants may appear before the City Council at said 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 said 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.

Said City Council shall have power and jurisdiction to sustain any protest or objection and abandon said proceeding, or deny any and all protests or objections and order by ordinance the establishment of said setback line or lines described in the said resolution of intention, or to order the same established with such changes or modifications as the Council may deem proper.

(Prior code § 7-3.06)

15.48.070 - Unlawful to construct buildings or other structures outside of setback lines.

From and after the taking effect of such ordinance establishing any setback line or lines, it is 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 § 7-3.07)

15.48.080 - Violation of ordinance establishing setback lines.

Any person violating any of the provisions of any ordinance establishing any setback line pursuant to the provisions of this chapter shall be deemed guilty of an infraction.

(Prior code § 7-3.08)