Every person filing a plat with the City clerk
shall pay all fees required by the preceding sections of this chapter.
In addition, every person filing plats shall pay to the City clerk,
prior to approval, an administrative fee as determined by the City
council.
The planning and zoning commission shall hold
a public hearing on each application for a variance. Written notices
concerning the hearings on applications for variances shall be mailed
to the owners of the property and the occupants of property within
a distance of three hundred feet of the exterior boundaries, not less
than fifteen days before the date of the public hearing. Such notice
shall set forth the person requesting the variance, the intent of
the variance, the legal description of the property, the street address,
if applicable, any other pertinent information and the date, time
and place of the public hearing.
Following the public hearing on a variance,
the planning and zoning commission shall make a recommendation to
the City council, recommending either that the variance be granted
or that it be denied. Such recommendation shall be adopted by an affirmative
vote of not less than a majority of the members attending and voting
at a meeting of the commission at which there is a quorum present
(a quorum shall consist of five members of the planning and zoning
commission).
Upon receipt of the recommendation of the planning
and zoning commission, the City council shall grant or deny the variance,
in whole or in part. Such action or decision of the City council shall
be by majority vote.
Appropriate agencies and departments of the
City shall inspect or cause to be inspected all streets, curbs, gutters,
sidewalks, fire hydrants, water supply and sewage disposal systems
and buildings incidental thereto, in the course of construction, installation
or repair. Excavation for fire hydrants and water and sewer mains
and laterals shall not be covered or backfilled until such installations
shall have been approved by the City engineer. If any such installation
is covered before being inspected and approved, it shall be uncovered
after notice to uncover has been issued to the responsible person
by the inspector.
The City shall not grant any permits, nor shall
any City officer grant any license or permit, for the use of any land
or the construction or alteration of any building or structure on
any lot which would be in violation of any provision of this chapter
until a subdivision plat therefor has been recorded or approved as
herein required. Any license or permit issued in conflict with such
provision shall be void.
After study and recommendation by the planning
and zoning commission and upon public hearing, this chapter may be
amended and sections added by the commission and the City council.
[Amended by Ord. No. 81-41]
A. City law enforcement officers, the City attorney and
other duly authorized enforcement officials are hereby empowered to
enforce the provisions of this chapter.
B. Whoever, being the owner or the agent of the owner
of any land or development qualifying as a subdivision, subdivides
or uses any land in violation of this chapter or any amendments to
this chapter, shall be fined not less than twenty-five dollars nor
more than seven hundred fifty dollars for each offense. Each day's
continuance of such violation is a separate offense. This subsection
shall be enforceable by the City in addition to the other remedies
provided by law, by injunction, mandamus or abatement.
C. A violation shall not be construed to include a subdivision
in existence at the time this chapter takes effect, and it shall not
be necessary to secure a permit permitting such a continuance; provided,
that the addition to any existing subdivision shall be in conformity
with the provisions hereof.