Whenever it would be inadvisable to apply a
provision of this chapter because a tract is of such unusual size,
shape, or character as would render an extraordinary hardship not
created or imposed by the owner or developer, the City Council, upon
the concurring recommendation of the Planning 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 thus granted shall be
waived only by three-fourths vote of the regular membership of
the Planning Commission and the City Council. Any such modifications
thus granted shall be duly entered and recorded in the minutes of
the Planning Commission and the City Council with the reasons justifying
the modifications set forth therein. In the case of planned unit development,
these regulations may be varied in terms with the development plan
as recommended by the Planning Commission and approved by the City
Council.
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.
A.Â
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 of the provisions
of these regulations.
B.Â
A violation of these regulations shall be deemed a
misdemeanor and shall be punishable by fine. Any person, firm, or
corporation who or which violates or refuses to comply with any of
the provisions of these regulations shall be fined not more than $35,
including costs, for each offense. Each day a violation is permitted
to exist shall constitute a separate offense.
