Whenever the plan for a major street system has been adopted and properly filed, the City Council, upon recommendation of the Topeka Planning Commission, is hereby authorized and empowered to establish, regulate and limit, by ordinance, building or setback lines on such existing and proposed major streets or highways, and to prohibit any new building being located within such building or setback lines, in the corporate limits of the City. The Council shall provide for the method by which this section shall be enforced. The Board of Zoning Appeals, or other similar board in any city which has established such board having power to make variances or exceptions in zoning regulations, shall have the power to modify or vary the setback regulations in specific cases, in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided, yet the intended purpose of the regulations shall be strictly observed and the public welfare and safety protected. Setback regulations shall not be adopted, changed or amended until a public hearing by the Council has been held thereon, and 20 days’ prior notice of the time and place of such hearing shall have been published in the official City newspaper. The powers of this section shall not be exercised so as to deprive the owner of any existing property of its use or maintenance for the purpose to which it is then lawfully devoted. (Ord. 20206 § 81, 9-10-19; Ord. 18094 § 21, 9-23-03. Code 1981 § 33-40. Code 1995 § 110-47. Formerly 2.65.160.)