(1) Purpose of Special Setbacks. Improved streets are necessary for safe and efficient circulation within the city. Due to historical development patterns, many streets within the city have public right-of-way widths that are less than the amount needed to design and construct the streets in accordance with specifications adopted pursuant to Chapter 7 of this code. Proper public right-of-way width is required to allow the improvement of streets to the standards required in EC 9.6505 Improvements – Specifications. It is intended that all streets within the city will eventually be improved to the city standard. A special setback ensures that buildings are constructed in such a manner that they will conform with the front and interior setbacks required by specific zones when the streets on which they front are widened and improved to the city standard.
(2) Special Setback for Streets.
(a) A lot or parcel of land in any zone adjoining an arterial or collector street that is not improved with curb, gutter, sidewalk, street lights and street trees shall have a special setback line equal to a distance of one-half the width designated on the adopted Street Right-of-Way Map. If the street is not designated on the adopted Street Right-of-Way Map, the special setback width shall be equal to the distance of one-half of the minimum width established by EC 9.6870 and Table 9.6870. The special setback width is separate from, and in addition to, any interior or front yard setback required by the zone.
(b) A lot or parcel of land in any zone adjoining a local street or accessway that is not improved with curb, gutter, sidewalk, street lights and street trees shall have a special setback width equal to a distance of one-half of the minimum width established by EC 9.6870 and Table 9.6870. The special setback width is separate from, and in addition to, any interior or front yard setback required by the zone.
(c) For purposes of subsection (a) and (b) of this section, the centerline of right-of-way shall be either the officially surveyed centerline or a centerline as on a precise plan. In the event of conflict between the two, the latter described line shall prevail. In all other cases, a line midway between properties abutting opposite sides of the public right-of-way shall be the centerline for the purposes of this land use code.
(d) Notwithstanding subsections (a)-(c), above, special setbacks for the segment of Franklin Boulevard shown on Map 9.3970(3)(d) (S-WS Walnut Special Area Zone Franklin Boulevard Special Setback Boundaries) are those lines established by Exhibit G to Ordinance No. 20460. (See EC 9.3970(3)(d).)
(3) Special Setback for Streets – Intrusions. Any intrusion into a special setback is allowed, except for:
(a) Buildings; and
(b) Surface stormwater management facilities.
(4) Special Setback for Utility Easements. A lot or parcel of land in any zone for which there is a planned utility easement, or where extension of public infrastructure has been identified through long-range infrastructure plans or the design of existing infrastructure, shall have a special building setback line to allow for the future easement.