(a) A city shall have authority to (i) classify all or a portionof the streets in the city according to their size, present and anticipatedtraffic loads, and other characteristics relevant to the achievement of the purposesof this section, and (ii) establish by ordinance minimum distances thatbuildings and other permanent structures or improvements constructed along eachclass or type of street shall be set back from the right‑of‑wayline or the center line of an existing or proposed street. Portions of anystreet may be classified in a manner different from other portions of the samestreet where the characteristics of the portions differ.
(b) Any setback line shall be designed
(1) To promote the public safety by providing adequate sightdistances for persons using the street and its sidewalks, lessening congestionin the street and sidewalks, facilitating the safe movement of vehicular andpedestrian traffic on the street and sidewalks and providing adequate fire lanesbetween buildings, and
(2) To protect the public health by keeping dwellings and otherstructures an adequate distance from the dust, noise, and fumes created bytraffic on the street and by insuring an adequate supply of light and air.
(c) A setback‑line ordinance shall permit affectedproperty owners to appeal to the council for variance or modification ofsetback requirements as they apply to a particular piece of property. Thecouncil may vary or modify the requirements upon a showing that
(1) The peculiar nature of the property results in practicaldifficulties or unnecessary hardships that impede carrying out the strictletter of the requirement,
(2) The property will not yield a reasonable return or cannot beput to reasonable use unless relief is granted, and
(3) Balancing the public interest in enforcing the setbackrequirements and the interest of the owner, the grant of relief is required byconsiderations of justice and equity.
Ingranting relief, the council may impose reasonable and appropriate conditionsand safeguards to protect the interest of neighboring properties. The councilmay delegate authority to hear appeals under setback‑line ordinances toany authorized body to hear appeals under zoning ordinances. If this is done,appeal to the council from the board shall be governed by the same laws andrules as appeals from decisions granting or denying variances or modificationsunder the zoning ordinance. (1971, c. 698, s. 1; 1987, c. 747. ss. 13, 14.)
(a) A city shall have authority to (i) classify all or a portionof the streets in the city according to their size, present and anticipatedtraffic loads, and other characteristics relevant to the achievement of the purposesof this section, and (ii) establish by ordinance minimum distances thatbuildings and other permanent structures or improvements constructed along eachclass or type of street shall be set back from the right‑of‑wayline or the center line of an existing or proposed street. Portions of anystreet may be classified in a manner different from other portions of the samestreet where the characteristics of the portions differ.
(b) Any setback line shall be designed
(1) To promote the public safety by providing adequate sightdistances for persons using the street and its sidewalks, lessening congestionin the street and sidewalks, facilitating the safe movement of vehicular andpedestrian traffic on the street and sidewalks and providing adequate fire lanesbetween buildings, and
(2) To protect the public health by keeping dwellings and otherstructures an adequate distance from the dust, noise, and fumes created bytraffic on the street and by insuring an adequate supply of light and air.
(c) A setback‑line ordinance shall permit affectedproperty owners to appeal to the council for variance or modification ofsetback requirements as they apply to a particular piece of property. Thecouncil may vary or modify the requirements upon a showing that
(1) The peculiar nature of the property results in practicaldifficulties or unnecessary hardships that impede carrying out the strictletter of the requirement,
(2) The property will not yield a reasonable return or cannot beput to reasonable use unless relief is granted, and
(3) Balancing the public interest in enforcing the setbackrequirements and the interest of the owner, the grant of relief is required byconsiderations of justice and equity.
Ingranting relief, the council may impose reasonable and appropriate conditionsand safeguards to protect the interest of neighboring properties. The councilmay delegate authority to hear appeals under setback‑line ordinances toany authorized body to hear appeals under zoning ordinances. If this is done,appeal to the council from the board shall be governed by the same laws andrules as appeals from decisions granting or denying variances or modificationsunder the zoning ordinance. (1971, c. 698, s. 1; 1987, c. 747. ss. 13, 14.)
(a) A city shall have authority to (i) classify all or a portionof the streets in the city according to their size, present and anticipatedtraffic loads, and other characteristics relevant to the achievement of the purposesof this section, and (ii) establish by ordinance minimum distances thatbuildings and other permanent structures or improvements constructed along eachclass or type of street shall be set back from the right‑of‑wayline or the center line of an existing or proposed street. Portions of anystreet may be classified in a manner different from other portions of the samestreet where the characteristics of the portions differ.
(b) Any setback line shall be designed
(1) To promote the public safety by providing adequate sightdistances for persons using the street and its sidewalks, lessening congestionin the street and sidewalks, facilitating the safe movement of vehicular andpedestrian traffic on the street and sidewalks and providing adequate fire lanesbetween buildings, and
(2) To protect the public health by keeping dwellings and otherstructures an adequate distance from the dust, noise, and fumes created bytraffic on the street and by insuring an adequate supply of light and air.
(c) A setback‑line ordinance shall permit affectedproperty owners to appeal to the council for variance or modification ofsetback requirements as they apply to a particular piece of property. Thecouncil may vary or modify the requirements upon a showing that
(1) The peculiar nature of the property results in practicaldifficulties or unnecessary hardships that impede carrying out the strictletter of the requirement,
(2) The property will not yield a reasonable return or cannot beput to reasonable use unless relief is granted, and
(3) Balancing the public interest in enforcing the setbackrequirements and the interest of the owner, the grant of relief is required byconsiderations of justice and equity.
Ingranting relief, the council may impose reasonable and appropriate conditionsand safeguards to protect the interest of neighboring properties. The councilmay delegate authority to hear appeals under setback‑line ordinances toany authorized body to hear appeals under zoning ordinances. If this is done,appeal to the council from the board shall be governed by the same laws andrules as appeals from decisions granting or denying variances or modificationsunder the zoning ordinance. (1971, c. 698, s. 1; 1987, c. 747. ss. 13, 14.)
