To facilitate future widening or re-aligning of existing major streets and the establishing of major streets in the future, special street right-of-way lines shown on the maps referred to in Article 1 (as originally enacted or hereafter amended) of this chapter, are established in this article. Such special street right-of-way lines are established in the exercise, and to the extent of the city’s zoning power only, and nothing in this chapter shall be construed to constitute the establishing or dedication of a public street, or the taking of private property for that purpose.

(Ord. 3639, passed - -2000)

   The Planning Commission may initiate proceedings, or hear and determine applications, to establish additional special street right-of-way lines for the purpose of facilitating future widening or re-aligning of existing major streets, or the establishing of major streets in the future.

(Ord. 3639, passed - -2000)

   A proposal to establish additional special street right-of-way lines shall be set for hearing before the Planning Commission, and notice of the hearing shall be published once in a newspaper of general circulation in the city not less than seven days before the hearing.

(Ord. 3639, passed - -2000)

   When the Planning Commission has made a recommendation to the City Council concerning the establishment of additional right-of-way lines, the City Council shall set the proposal for hearing and notice of the hearing shall be given as required in the case of other proposals to amend the city’s zoning ordinances.

(Ord. 3639, passed - -2000)

   After the Planning Commission shall have caused notice of a hearing to be published as provided in § 25-11-3 of this article, and prior to any final action on the proposal by the City Council, no building permit may be issued for the construction of a building or structure which, if constructed in accordance with the plans on which the building permit is sought, would violate any proposed or recommended special street right-of-way line if adopted by the City Council in such proceedings. Nor may any public improvement or utility facility be installed during this period unless the City Council shall specifically authorize or approve the same; provided, nothing in this section shall be construed in such manner as to impair the obligation of contracts of privately-owned public utilities or to constitute the taking of property of such utilities.

(Ord. 3639, passed - -2000)

   If a special street right-of-way line has been or is established for any lot or tract of land subject to this chapter, a required setback must be measured from such special street right-of-way line.

(Ord. 3639, passed - -2000)