(a) Building lines that establish a minimum front, side, or rear yard setback greater than the current zoning setback requirements, building lines for lots that border a natural creek channel, and building lines established by Section 51A-4.401(a)(3) must be shown on the plat.
(b) A building line may establish a minimum front, side, or rear yard setback greater than the minimum front yard setback required by zoning regulation only if the building line is part of a plan for the orderly development of a subdivision. Except as provided in Section 51A-8.510, a building line may not establish a minimum front, side, or rear yard setback less than the minimum front, side, or rear yard setback required by zoning regulation. The building line for lots that border a natural creek channel must provide the setback required by Section 51A-5.106. No other building lines may be shown on the plat.
(c) If an existing platted building line establishes a minimum front, side, or rear yard setback greater than the minimum front, side, or rear yard setback required by zoning regulation, relief from the platted building line must be sought through a replat submitted to the commission. The commission may approve a relocation or removal of the platted building line with a minimum front, side, or rear yard setback greater than required by zoning regulation only:
(1) upon the affirmative vote of at least three-fourths of the commission members present; and
(2) if the commission finds that relocation or removal of the platted building line will not:
(i) require a minimum front, side, or rear yard setback less than required by zoning regulation;
(ii) be contrary to the public interest;
(iii) adversely affect neighboring properties; and
(iv) adversely affect the plan for the orderly development of the subdivision.
(d) If relief is sought from the minimum front, side or rear yard setback required by zoning regulation, approval must be obtained from the board of adjustment.
(e) A building line platted and recorded prior to December 13, 2006, indicating that a front yard setback has been reduced remains enforceable. Removal of the platted building line may be sought through a replat that complies with this section.
(f) The subdivision administrator may not approve an administrative plat that adds, moves, or removes a building line. (Ord. Nos. 20092; 23384; 26529; 26531)