Chapter 12.15
BUILDING SETBACK LINES
Sections:
12.15.020 Unlawful erection of buildings in setback zones – Exceptions.
12.15.030 Application of chapter to streets later dedicated and accepted.
12.15.040 Enlargement of nonconforming uses.
12.15.050 Applications of more restrictive provisions.
12.15.060 Variance and adjustment procedure.
12.15.070 Violations of chapter.
12.15.010 Establishment.
(1) A building line setback is hereby established along each side of Wood Street within the city. Such building line setback shall be located parallel to and distant 60 feet from and on both sides of the established centerline of the street. The space between the setback lines on either side of the street shall constitute the setback zone, which shall be 120 feet in width.
(2) A building setback line shall be established along each side of such other streets within the city as shall be determined by the city council. [Code 1959 § 16.7; prior code § 13-29].
12.15.020 Unlawful erection of buildings in setback zones – Exceptions.
It shall be unlawful to erect, within any setback zone, any building or structure whatsoever, including but not limited to derricks, windmills, silos, outdoor motion picture screens, advertising structures, barns, houses, outbuildings and platforms; or to dig, excavate or install within any setback zone any well or other excavation, except temporary excavations as authorized by law, whether for water or for oil or other hydrocarbon products, or for any other purpose, or install subsurface structures of any kind; provided, this section shall not apply to trees, agriculture crops, open fences or public utility installations, exclusive of permanent buildings, erected under authority of law; nor shall it apply to any building, structure, well, excavation or subsurface structure in existence as of December 3, 1956, all of which existing buildings, structures, wells, excavations and subsurface structures shall be deemed to be nonconforming uses. [Code 1959 § 16.8; prior code § 13-30].
12.15.030 Application of chapter to streets later dedicated and accepted.
This chapter shall apply to any street within the incorporated area of the city which is hereafter dedicated to and accepted for the public use, effective as of the date of acceptance of the same for public use by duly constituted authority; provided, any building, structure, well, excavation or subsurface structure within the setback zone of any street which is in existence at the time of acceptance of the same for public use shall be deemed to be a nonconforming use. [Code 1959 § 16.9; prior code § 13-31].
12.15.040 Enlargement of nonconforming uses.
No nonconforming use under WMC 12.15.020 and 12.15.030 shall be enlarged or extended, except upon the granting of a variance permit. [Code 1959 § 16.10; prior code § 13-32].
12.15.050 Applications of more restrictive provisions.
Nothing in this chapter shall be construed as permitting a front yard depth or building setback of lesser distance than may be provided by any valid contract, deed restriction, covenant, subdivision restriction or zoning district ordinance. [Code 1959 § 16.11; prior code § 13-33].
12.15.060 Variance and adjustment procedure.
(1) Authority of City Council. Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter may result from the strict and literal interpretation and enforcement of the provisions of this chapter, the city council, upon the verified application of any property owner or lessee of the property affected, shall have authority to grant, upon such terms and conditions as it deems necessary, such variances therefrom as may be in harmony with their general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(2) Variance Requirements. No variance shall be granted unless the applicant can produce facts to show that practical difficulties and unnecessary hardships, within the meaning of the provisions of this chapter, would result from the strict compliance with the provisions of this chapter, and further, no variance shall be granted unless it appears, and the city council specifies in its findings the facts which establish beyond a reasonable doubt:
(a) That there are exceptional circumstances or conditions applicable to the property involved or to the intended use thereof, that do not apply generally to the property or class of uses in the same zone;
(b) That such variance is necessary for the preservation of a substantial property right of the applicant; and
(c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or district in which the property is located.
(3) Variance Applications – Forms and Contents – Filing Fee. Applications for variances shall be filed with the city council in writing. No particular form is prescribed for such application, but it shall set forth all the facts, showing that the requirements for a variance as prescribed in this chapter have been met and shall be accompanied by such further data as will assure the fullest practicable presentation of the application for a permanent record. Each application shall be accompanied by a filing fee of $15.00 to cover the cost of publication of notice of hearing, costs of mailing notices to adjoining property owners and other incidental clerical costs.
(4) Hearing Date – Notice upon the Filing of Variance Application. The city council shall set a date for a public hearing upon the variance application, which date shall be not less than 10 days nor more than 30 days after the filing of such application. Not less than five days prior to the date of such public hearing, notice of the time, place and purpose thereof shall be given by publication of a notice in a newspaper having a general circulation in the city, and by mailing a letter notice to the owners of all property within 500 feet of the exterior boundaries of the property involved in the variance application, using for this purpose the last known name and address of such owners as shown and indicated upon the assessment rolls of the city.
(5) Determination by City Council. If from the facts presented with the application at the public hearing provided for in this section or by investigation of the city council, the council makes the findings set forth in subsection (2) of this section, it may grant the requested variance in whole or in part upon such terms and conditions as it may deem necessary to conform with the general intent and purpose of this chapter. If the city council fails to make such findings, it shall deny the application. The city council shall make its findings and determination within 30 days from the date of hearing upon such application and shall forthwith transmit a copy thereof to the applicant. A four-fifths vote of the entire council shall be required to grant in whole or in part any requested variance. [Code 1959 § 16.12; prior code § 13-34].
12.15.070 Violations of chapter.
Any person who shall erect, locate, install, dig or construct or cause to be erected, located, installed, dug or constructed any building, well, excavation or subsurface structure, or who shall enlarge or extend a nonconforming use, contrary to the provisions of this chapter shall be guilty of a misdemeanor. [Code 1959 § 16.13; prior code § 13-35].