[R.O. 2011 § 405.110; Ord. No.
1161 § 1, 11-18-2013]
A. Purpose. Whenever the strict enforcement of these regulations would
entail unusual difficulties or hardships, the Commission and Board
of Aldermen may vary or modify them in such a way that the subdivider
be allowed to plan and develop his/her property and record a plat
of same; provided, however, that the public welfare and interests
of the municipality be fully protected and the general intent and
spirit of the regulations preserved.
B. Procedures. Any subdivider desiring a variance from the requirements
of these regulations shall file a written request therefor with the
City Clerk at the time of submittal of the preliminary request. The
variance request shall specify the nature of the variance, fully explain
the grounds therefor and state the Section hereof which, if strictly
applied, would cause great practical difficulties or hardship. The
City Clerk shall forward the variance request to the Administrative
Official and Director of Public Works for review and their recommendation
to the Board of Aldermen. Granting of the request shall be allowed
by a favorable simple majority vote of the Board of Aldermen.
[R.O. 2011 § 405.120; Ord. No.
1161 § 1, 11-18-2013]
A. Recording Of Plats. No plat of any subdivision shall be entitled
to record in the County Recorder's office or have any validity until
it shall have been approved in the manner prescribed herein.
B. Transfer Of Ownership. No owner, or agent of the owner, of any land
located within the platting jurisdiction of any municipality, knowingly
or with intent to defraud, may transfer, sell, agree to sell, or negotiate
to sell that land by reference to or by other use of a plat of any
purported subdivision of the land before the plat has been approved
by the Board of Aldermen or Planning and Zoning Commission and recorded
in the office of the appropriate County Recorder unless the owner
or agent shall disclose in writing that such plat has not been approved
by such Board of Aldermen or Planning and Zoning Commission and the
sale is contingent upon the approval of such plat by such Board of
Aldermen or Planning and Zoning Commission. Any person violating the
provisions of this Section shall forfeit and pay to the municipality
a penalty not to exceed three hundred dollars ($300.00) for each lot
transferred or sold or agreed or negotiated to be sold, and the description
by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not exempt the
transaction from this penalty. A municipality may enjoin or vacate
the transfer or sale or agreement by legal action, and may recover
the penalty in such action.
C. Occupancy. No occupancy permit(s) shall be issued for any structure
within any development subject to these regulations until such time
as all improvements (grading, water, sewer, streets, drainage facilities,
etc.) are completed and accepted by the City.
D. Violation. Any person who violates any of the provisions of this
Chapter shall be guilty of an ordinance violation and shall be punished
by imposition of a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00), or by confinement in
the City or County Jail for not less than one (1) day nor more than
ninety (90) days, or by both such fine and confinement. Each day that
violation occurs or continues shall be deemed a separate offense.
[R.O. 2011 § 405.130; Ord. No.
1161 § 1, 11-18-2013]
Any regulations or provisions of this Chapter may be changed
and amended from time to time by the Board of Aldermen; provided,
however, that such changes or amendments shall not become effective
until after study and report by the Planning and Zoning Commission
and until a public hearing has been held, public notice of which shall
have been given in a newspaper of general circulation at least fifteen
(15) days prior to such hearing.