(a) 
The provisions of this chapter shall be administered and enforced by the city manager or his designate.
(b) 
Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this chapter, or fails to comply with any of the requirements thereof, shall be guilty of a misdemeanor and upon conviction shall be punished as provided for in section 1.01.009 of the Code of Ordinances of the city. Each day such a violation exists shall constitute a separate offense.
(c) 
In order to enforce the provisions of this chapter, the city attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the city manager.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-29)
(a) 
(1) 
Where the planning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or that public interest may be served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and further provided that the planning commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(A) 
The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property.
(B) 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
(C) 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict terms of these regulations are enforced.
(D) 
The variance will not in any significant way vary the provisions of the zoning ordinance, zoning map, or comprehensive plan.
(2) 
In approving variances, the planning commission may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(3) 
A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consideration of the planning commission or when a final plat is filed for consideration of the planning commission under the terms of this chapter. The petition shall state fully the grounds for the application and all of the facts relied upon the applicant.
(b) 
(1) 
Exemptions for lot splits.
The requirements of this chapter shall not apply to the resubdivision of industrial lots, commercial lots, multiple-family lots (or portions of such lots), or condominium or “townhouse” regimes in subdivisions legally platted and filed for record in Jefferson County when the resulting lots meet all the minimum lot area, width and depth requirements of the zoning ordinance.
(2) 
Exemptions from preliminary plat requirements.
A preliminary plat shall not be required for the subdivision or resubdivision of a tract of land provided the following conditions exist or have been met:
(A) 
Each block and subdivided lot fronts upon a dedicated street or a private street or drive previously approved by the planning commission;
(B) 
Provisions have been made for all utilities, easements, and improvements, required to serve each block and lot in accordance with the requirements of this chapter;
(C) 
The resulting lots meet the minimum lot area, width, depth and yard regulations for the zoning district in which the property is located; and
(D) 
Existing buildings and structures located on the lots are in compliance with the firewall regulations of the building code.
Applicants using this exemption from the preliminary plat requirements must submit and obtain approval from the planning commission for the final plat. Final plats accompanied by written evidence from the various utility agencies and departments that all drainage and utilities easements and improvements are satisfactory shall be submitted not less than three (3) working days prior to the planning commission meeting at which consideration is requested.
(3) 
Appeals.
Any applicant aggrieved by any order, requirement, decision or determination made by the secretary of the planning commission involving the administration, interpretation and enforcement of this chapter, may appeal the decision to the planning commission. Such appeal shall be made by filing an application setting forth that such decision was improper in whole or in part and specifying the grounds for the alleged impropriety.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-30; Ordinance adopting Code)
An application processing fee as listed in the fee schedule of this code shall be paid at the time of the filing of an application for preliminary, final plat, replat, or vacation of a plat. An application processing fee shall be paid at the time of filing of an application for a minor or amended plat. For resubdivision or replats involving advertising and public notification of surrounding property owners, an additional application processing fee as listed in the fee schedule of this code shall be paid at the time of the filing of the application. When construction is required, such as on a preliminary plat, the subdivider shall pay a development review fee equal to two (2) percent of estimated construction cost at the time construction drawings are submitted to the city engineer for approval or a registered professional engineer shall certify to the city that the development has been built according to the approved construction drawings and city standards after the completion of construction.
(Ordinance 83-95, sec. 2, adopted 9/13/88; Ordinance 91-83, sec. 3, adopted 10/8/91; 1978 Code, sec. 24-31; Ordinance 19-052, sec. 5, adopted 8/27/19; Ordinance 25-008 adopted 2/18/2025)