[R.O. 2011 § 405.110; Ord. No. 1161 § 1, 11-18-2013]
A. 
Purpose. Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the Commission and Board of Aldermen may vary or modify them in such a way that the subdivider be allowed to plan and develop his/her property and record a plat of same; provided, however, that the public welfare and interests of the municipality be fully protected and the general intent and spirit of the regulations preserved.
B. 
Procedures. Any subdivider desiring a variance from the requirements of these regulations shall file a written request therefor with the City Clerk at the time of submittal of the preliminary request. The variance request shall specify the nature of the variance, fully explain the grounds therefor and state the Section hereof which, if strictly applied, would cause great practical difficulties or hardship. The City Clerk shall forward the variance request to the Administrative Official and Director of Public Works for review and their recommendation to the Board of Aldermen. Granting of the request shall be allowed by a favorable simple majority vote of the Board of Aldermen.
[R.O. 2011 § 405.120; Ord. No. 1161 § 1, 11-18-2013]
A. 
Recording Of Plats. No plat of any subdivision shall be entitled to record in the County Recorder's office or have any validity until it shall have been approved in the manner prescribed herein.
B. 
Transfer Of Ownership. No owner, or agent of the owner, of any land located within the platting jurisdiction of any municipality, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning and Zoning Commission and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning and Zoning Commission. Any person violating the provisions of this Section shall forfeit and pay to the municipality a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. A municipality may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
C. 
Occupancy. No occupancy permit(s) shall be issued for any structure within any development subject to these regulations until such time as all improvements (grading, water, sewer, streets, drainage facilities, etc.) are completed and accepted by the City.
D. 
Violation. Any person who violates any of the provisions of this Chapter shall be guilty of an ordinance violation and shall be punished by imposition of a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by confinement in the City or County Jail for not less than one (1) day nor more than ninety (90) days, or by both such fine and confinement. Each day that violation occurs or continues shall be deemed a separate offense.
[R.O. 2011 § 405.130; Ord. No. 1161 § 1, 11-18-2013]
Any regulations or provisions of this Chapter may be changed and amended from time to time by the Board of Aldermen; provided, however, that such changes or amendments shall not become effective until after study and report by the Planning and Zoning Commission and until a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing.