(A) No building, structure, or other improvement, whether publicly or privately owned, shall hereafter be erected, altered in any manner, moved in, or placed within the official building line setbacks on streets and highways established by, or pursuant to, this subchapter, and no permit or approval therefor shall be issued by any official or employee of the city, except that alterations to existing structures which do not enlarge the structure by adding to, or extending, such structure into the area lying between the existing street property line and the official building line setbacks may be approved in the following manner and in conformance with the following conditions:
(1) The owner of the property shall execute an instrument relieving the city from any liability in the event of acquisition by the city of such property, or any portion thereof. Such instrument shall state that in the event of the purchase of the property, or any portion thereof, by the city, or in the event eminent domain proceedings are maintained by the city for the acquisition of such property, or any part thereof, the depreciated amount expended for building construction as granted by a permit under this section shall be deducted from the determined price at the time of acquisition by the city, and such reduced price shall be deemed the actual cost of acquisition of the property by the city; and
(2) The terms and provisions of the instrument set forth in subsection § 10-4.301(A)(1) of this subsection shall run with the land, and such instrument shall be recorded in the office of the County Recorder.
(B) The provisions of this section shall not apply to gardens or to other ordinary front yard uses or to front yard fences or other nonpermanent structures otherwise permitted under this code.
('61 Code, § 10-4.301) (Ord. 84 C.S., passed 11-3-65)