[R.O. 2006 §405.250; Ord. No. 407 Art. V §1, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
Whenever the tract to be subdivided is of such unusual size
or shape or is surrounded by such development or unusual conditions
that the strict application of the requirements contained in these
regulations would result in substantial hardship or inequity, the
Planning and Zoning Commission may recommend to the Board of Aldermen
to vary or modify, except as otherwise indicated, such requirements,
so that the subdivider may develop his/her property in a reasonable
manner, but so, at the same time, the public welfare and interests
of the City are protected and the general intent and spirit of these
regulations preserved. Such modification may be granted by the Board
of Aldermen upon recommendations by the Planning and Zoning Commission
based on written request of the subdivider stating the reason(s) for
each modification.
[R.O. 2006 §405.260; Ord. No. 407 Art. V §2, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
The Board of Aldermen 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. These regulations may be enlarged or amended
by the Board of Aldermen after public hearings, due notice of which
shall be given as required by law.
[Ord. No. 2087 §I, 4-2-2013]
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 or Planning and Zoning Commission and the sale is contingent
upon the approval of such plat by such Board 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.
[R.O. 2006 §405.270; Ord. No. 407 Art. V §5, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
A.
No
building permit shall be issued for any new structure or change, improvement
or alteration of any existing structure on any tract of land which
does not comply with all of the provisions of these regulations.
B.
A violation
by any person, corporation or otherwise, whether as principal, agent,
employee, or otherwise, of any provisions of this Chapter shall be
a misdemeanor and will be subject to a fine of not less than one hundred
dollars ($100.00) and not more than five hundred dollars ($500.00)
or imprisonment of a period not to exceed ninety (90) days, or both.
Each day of the continued violation shall constitute a separate additional
violation. If more than one (1) provision is violated, each provision
violated shall be considered a separate misdemeanor, and each shall
be liable to maximum penalties as herein specified. Nothing herein
shall limit any other right or remedy of the City or other person
in interest, including the right to obtain an injunction of any violation
from a court of competent jurisdiction.
