Any subdivider contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement or necessity set forth in these Regulations, shall with the exception of Final Plats, Replats, Amended Plats, Minor Plats or Variance have the right, after filing a written request with the City Council as set forth in these Regulations within seven (7) days of the disapproval and/or interpretation, to have a hearing thereon before said body within twenty-four (24) days after the date of filing of such request. Decision of said body shall be final, and such further appeal shall be in accordance with appropriate law.
(Ordinance 88-14, sec. 7.11, adopted 7/26/88; Ordinance 98-11, sec. 1(E), adopted 2/10/98; Ordinance 2002-14, sec. 1(4), adopted 3/26/02)
1. 
Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof within the corporate limits of Midlothian shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed three hundred ($300.00) dollars, and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly.
2. 
The City shall have the right to institute an action in the District Court to enjoin the violation or threatened violation of any provision of such ordinance in the extraterritorial jurisdiction.
(Ordinance 88-14, sec. 7.12, adopted 7/26/88; Ordinance 98-11, sec. 1(E), adopted 2/10/98; Ordinance 2004-17 adopted 4/6/04)
Upon application of a property owner, either concurrently with the application for a Final Plat or prior to development of a lot after approval of a Final Plat, and following review and recommendation made by the Planning and Zoning Commission, the City Council may grant a special exception to these Regulations, when, in the opinion of the City Council, undue hardship will result from requiring strict compliance with these Subdivision Regulations. In granting a special exception, the City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No special exception shall be granted unless the City Council finds that:
a. 
There are special circumstances affecting the land involved such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of the land if the Special Exception is not granted; and
b. 
That the special exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
c. 
The granting of the special exception will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
d. 
The granting of the special exception will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted Comprehensive Master Plan and the provisions of these Regulations; and
e. 
The Special Exception will not result in a modification to any zoning regulations set forth in the City of Midlothian Zoning Ordinance, as amended.
The above findings by the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which such special exception is granted or denied. Special exceptions may be granted only when in harmony with the general purpose and intent of the adopted Comprehensive Master Plan and these Regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. The decision of the City Council to grant, deny, or grant with modifications any Special Exception shall be final.
(Ordinance 88-14, sec. 7.13, adopted 7/26/88; Ordinance 98-11, sec. 1(E), adopted 2/10/98; Ordinance 2002-14, sec. 1(5), adopted 3/26/02; Ordinance 2016-43, sec. 1(E), adopted 11/8/16)