12-765.   Same; setback lines on streets and highways; modifications orvariances, when; notice and hearing.(a) Whenever any city or county has as a part of a comprehensive plan adopted aplan for its major street or highway system, after consultation with thesecretary of transportation and the county engineer and anyplanning commission of the county or counties within which such system lies,the governing body is hereby authorized and empowered, to establish by theappropriate ordinance or resolution building or setback lines on such existingand proposed major streets or highways and to prohibit any new building beinglocated within such building or setback lines on property within the platapproval jurisdiction of the city. Such ordinance or resolution mayincorporate by reference an official map, which may include supplementarydocuments, setting forth such plan which shall show withreasonable survey accuracy the location and width of existing or proposedmajor streets or highways and any building or setback lines. The governingbody shall provide for the method by which this section shallbe enforced. Such official map shall not be enforced until after acertified copy of such map and adopting ordinance or resolution has been filedwith 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 thebuilding restrictions herein authorized in specific cases, in order thatunwarranted hardship, which constitutes a complete deprivation of use asdistinguished from merely granting a privilege, may be avoided, yet theintended purpose of the regulations shall be strictly observed and the publicwelfare and public safety protected. The setback ordinance, resolution orofficial map shall not be adopted, changed or amended by the governing bodyuntil a public hearing has been held thereon by the governing body. A noticeof the time and place of such hearing shall be published in the official citynewspaper in the case of a city or the official county newspaper in the case ofa county. Such notice shall be published at least 20 days prior to the date ofthe hearing. The powers of this section shall not be exercised so as todeprive the owner of any existing property or of its use or maintenance for thepurpose to which such property is then lawfully devoted.

      (b)   The provisions of this section shall become effective on and afterJanuary 1, 1992.

      History:   L. 1991, ch. 56, § 22; July 1.