12-765. Same; setback lines on streets and highways; modifications or variances, when; notice and hearing.
12-765
12-765. Same; setback lines on streets and highways; modifications or
variances, when; notice and hearing.
(a) Whenever any city or county has as a part of a comprehensive plan adopted a
plan for its major street or highway system, after consultation with the
secretary of transportation and the county engineer and any
planning commission of the county or counties within which such system lies,
the governing body is hereby authorized and empowered, to establish by the
appropriate ordinance or resolution building or setback lines on such existing
and proposed major streets or highways and to prohibit any new building being
located within such building or setback lines on property within the plat
approval jurisdiction of the city. Such ordinance or resolution may
incorporate by reference an official map, which may include supplementary
documents, setting forth such plan which shall show with
reasonable survey accuracy the location and width of existing or proposed
major streets or highways and any building or setback lines. The governing
body shall provide for the method by which this section shall
be enforced. Such official map shall not be enforced until after a
certified copy of such map and adopting ordinance or resolution has been filed
with the register of deeds of the county or counties in which such system lies.
The board of zoning appeals shall have the power to modify or vary the
building restrictions herein authorized in specific cases, in order that
unwarranted hardship, which constitutes a complete deprivation of use as
distinguished from merely granting a privilege, may be avoided, yet the
intended purpose of the regulations shall be strictly observed and the public
welfare and public safety protected. The setback ordinance, resolution or
official map shall not be adopted, changed or amended by the governing body
until a public hearing has been held thereon by the governing body. A notice
of the time and place of such hearing shall be published in the official city
newspaper in the case of a city or the official county newspaper in the case of
a county. Such notice shall be published at least 20 days prior to the date of
the hearing. The powers of this section shall not be exercised so as to
deprive the owner of any existing property or of its use or maintenance for the
purpose to which such property is then lawfully devoted.
(b) The provisions of this section shall become effective on and after
January 1, 1992.
History: L. 1991, ch. 56, § 22; July 1.