[4-20-1976; 2016 Code]
The general principles and design and the minimum requirements for the laying out of the subdivisions, stipulated in chapter 4 of this title may be varied by the city plan commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed under a comprehensive plan safeguarded by appropriate restrictions, which in the judgment of the city plan commission make adequate provisions for all essential community requirements; provided, however, that no modification shall be made by the city plan commission which would conflict with the proposals of the thoroughfare plan, official plan for schools, parks and other open public grounds or with other features of the city comprehensive plan, or with the intent and purpose of the general principles of design and minimum requirements.
(A)Â
Where the subdivider can show that, by reason of exceptional topographic
or other physical conditions, strict compliance with any requirement
of these regulations would cause practical difficulty or exceptional
or undue hardship, the city plan commission may relax such requirements
to the extent considered just and proper, so as to relieve such difficulty
or hardship, provided such relief may be granted without detriment
to the public good and without impairing the intent and purpose of
these regulations or the desirable general development of the neighborhood
and the community under this comprehensive plan and the zoning regulations.
(B)Â
Any modifications thus granted shall be entered in the minutes of
the city plan commission setting forth the reasons which, in the opinion
of the city plan commission, justify the modification.
[4-20-1976; 2016 Code]
(A)Â
Compliance. The provisions of this title and the enforcement thereof
shall be subject to all other provisions of this code, except those
portions that may be in conflict directly therewith. In extraterritorial
jurisdictional areas wherein the permission of the city is necessary
to the authorization and issuance of a final plat approval, in the
absence of any building code in the city as to location, subsequent
compliance with the terms of the building code of the city shall be
a condition subsequent to authorization by the city with respect to
any approval of such final plat.
(B)Â
Building permits. No building permits shall be issued for erection
of a structure on any lot of record until all the requirements of
this Title have been met. The city engineer shall notify the building
inspector as to the compliance with this title of the lot in question.
