These rules and regulations are the standard requirements of
the city.
(2001 Code, sec. 10.1401)
Such other certificates, affidavits, endorsements or dedications
as may be required by the city manager or city council for the enforcement
of these regulations may be required.
(2001 Code, sec. 10.1402)
The standards and requirements of these regulations may be modified
by the city council in the case of a plan and program for a complete
community or neighborhood unit which, in the judgment of the city
council, provides adequate public spaces and improvements for the
circulation, recreation, light, air and service needs of the tract
when fully developed and which also provides such covenants or such
other legal provisions as will assure conformity to and achievement
of the plan.
(2001 Code, sec. 10.1403)
Any subdivider contesting any disapproval and/or the interpretation
and/or application of any rule, standard, regulation, determination,
requirement or necessity set forth in this article directly or by
delegation of authority shall have the right, after filing a written
request with the city secretary to have a hearing thereon before the
city council within twenty-one (21) days after the date of filing
of such request. The city council shall be the final judge in all
such cases, and the substantial evidence rule shall apply.
(2001 Code, sec. 10.1404)
(a)
Hardship.
Where the city council finds that extraordinary
hardships due to engineering considerations may result from strict
compliance with the provisions of this article, it may vary the regulations
so that substantial justice may be done and the public interest secured;
provided that such variation will not have the effect of nullifying
the intent and purpose of the general community plan of these requirements.
(b)
Conditions.
In granting variances and modifications,
the city council may require such conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
(2001 Code, sec. 10.1405)
