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.
Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardships to the subdivider because of unusual topography or other such non-self inflicted condition, or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the City council may vary, modify or waive the requirements of this chapter so that substantial justice may be done and the public interest secured; provided, that such variance, modification or waiver will not have the effect of nullifying the intent and the purpose of this chapter and the City's master plan. In no case shall any variance, modification or waiver be more than a minimum easing of the requirements.
In granting variances, modifications and waivers, the City council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so affected.
Application. Application for variances shall be filed by the subdivider or his authorized agent upon forms provided by the planning and zoning commission. The application shall set forth and state fully the reasons and grounds for the variance and shall contain such information as the planning and zoning commission shall prescribe. Accompanying the application shall be the following:
A map showing the property described in the application and adjoining properties and public streets and ways within a radius of three hundred feet of the exterior boundaries.
A list of all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred feet of the exterior boundaries.
Photographs, drawings and other supporting documents as may be required by the planning and zoning commission.
Filing fee. Before accepting an application for a variance, the planning and zoning commission shall charge and collect a filing fee. Such fee shall be established by a resolution of 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.
A variance may be revoked or modified by the City council, after a public hearing, on any one or more of the following grounds:
That approval was obtained by fraud.
That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.
That the use for which such approval was granted is not being exercised within the time specified in such permit.
That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, resolution, law or regulation.
That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
Written notice of the intent to revoke a variance shall be mailed to the owners of the property, the occupants of the property and the subdivider, not less than fifteen days before the date of the public hearing.
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.
If any provision of this chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:
The effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid; and
Such decision shall not affect, impair or nullify this chapter as a whole or any other part thereof, but the rest of this chapter shall continue in full force and effect.
If the application of any provision of this chapter to any tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:
The effect of such decision shall be limited to that tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and
Such decision shall not affect, impair or nullify this chapter as a whole or the application of any provisions thereof to any other tract of land.
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]
City law enforcement officers, the City attorney and other duly authorized enforcement officials are hereby empowered to enforce the provisions of this chapter.
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.
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.