Wherever it would be inadvisable to apply a provision of this ordinance because a tract is of such unusual size, shape, or character and would render an extraordinary hardship not created or imposed by the owner or developer, the planning and zoning commission may modify such provisions only to provide that substantial justice may be done, the public interest secured, and the intent and spirit of these regulations fulfilled; provided that in no event shall the requirements of procedure or improvements be waived. Such modification this [thus] granted shall be made at the written request of the developer stating the reasons for such modification and shall be waived only by three-fourths (3/4) vote of the regular membership of the planning and zoning commission. Any such modifications thus granted shall be duly entered and recorded in the minutes of the planning and zoning commission, setting forth therein the reasons which justify the modifications.
(Ordinance 138 adopted 6/23/69)
The City Council may, from time to time, adopt, amend, and make public rules and regulations for the administration of these regulations to the end that the public be informed and that approval of plats be expedited. These regulations may be enlarged or amended by the City Council after public hearing, due notice of which shall be given as required by law.
(Ordinance 138 adopted 6/23/69)
If any section, clause, paragraph, provision, or portion of these regulations shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision, or portion of these regulations.
(Ordinance 138 adopted 6/23/69)
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
(Ordinance 138 adopted 6/23/69)
No building permit shall be issued for any new structure, or change, improvement, or alteration of any existing structure, on any tract of land, in a subdivision filed of record after the effective date of these regulations, which does not comply with all the provisions of these regulations.
A violation of these regulations shall be deemed a misdemeanor and shall be punishable by fine. A person, firm, or corporation which violates or refuses to comply with any of the provisions of these regulations shall be fined not less than five dollars ($5.00) nor more than twenty dollars ($20.00) including costs, for each offense. Each day a violation is permitted to exist shall constitute a separate offense.
INTRODUCED AND PASSED TO THE FIRST READING ON the 9th day of June, A.D. 1969.
PASSED TO THE SECOND AND FINAL READING AND APPROVED on this the 23rd day of June, A.D. 1969.
(Ordinance 138 adopted 6/23/69)