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 Commission may vary or modify, except as otherwise indicated,
requirements of design, but not of procedure or improvements, so that
the subdivider may develop his property in a reasonable manner, but
so, at the same time, the public welfare is protected and the general
intent and spirit of these regulations preserved. Such modification
may be granted upon written request of the subdivider stating the
reason(s) for each modification and may be waived by an affirmative
vote of 3/4 of the membership of the Planning Commission.
If any section clause, paragraph, provision or portion of these
regulations shall be held invalid or unconstitutional by any court
of competent jurisdiction, such holding shall not affect any other
section, clause, paragraph, provision or portion of these regulations.
All ordinances or regulations or parts thereof which are in
conflict with these regulations are hereby repealed.
1.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 which does not comply with all of the provisions of these
regulations.
2.Â
Whoever, being the owner or agent of the owner, of any land within
the area, transfers, or sells or agrees to sell, or negotiates to
sell any land by reference to or exhibition thereof, or by other use
of a plat of a subdivision or a contract for deed or other instrument
before such plat or deed or instrument has been approved by the Planning
Commission and the City Commission whoever, being the owner or agent
of the owner of any parcel of ground, transfers, or sells or agrees
to sell, or negotiates to sell any tract of land of less than 10 acres
where such tract was not show of record in the office of the County
Clerk as separately owned at the effective date of the regulations
here provided and not located within a subdivision approved according
to law and filed of record in the office of the County Clerk, or if
so located, not comprising at least one entire lot as recorded, without
first obtaining the written approval of the City Commission by its
endorsement on the instrument of transfer, or contract of sale or
other agreement to transfer, shall be subject to the penalties provided
below; and such transaction shall be unlawful and shall not be recorded
by the County Clerk.
3.Â
A violation of these regulations shall be deemed a misdemeanor and
shall be punishable by fine. Any person, firm or corporation who violates
or refuses to comply with any of the provisions of these regulations
shall be fined plus costs for each offense. Each day a violation is
permitted to exist shall constitute a separate offense.
