[HISTORY: Adopted by the Common Council of the City of St. Francis
as Ch. 18 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 17.
Building construction — See Ch. 198.
Construction site erosion control — See Ch. 212.
Filling — See Ch. 240.
Sewers and water — See Ch. 374.
Signs — See Ch. 380.
Stormwater management — See Ch. 393.
Streets and sidewalks — See Ch. 397.
Zoning — See Ch. 455.
This chapter is created pursuant to § 236.45, Wis. Stats,
to promote the public health, safety, convenience and general welfare. The
regulations are designed to lessen congestion in the streets; to foster the
orderly layout and use of land; to ensure safety from fire, panic and other
dangers; to provide optimum light and air; to discourage overcrowding of the
land; to lessen concentration of population; to facilitate adequate provision
for transportation, public water and sewerage, schools, parks, playgrounds
and other public necessities; and to facilitate the further division of large
tracts of land into smaller parcels. The regulations are made with reasonable
consideration, but not limited to, the present character of the City and its
environs, with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human habitation,
encouraging commerce and industry and providing for the most appropriate use
of land in the City.
As used in this chapter, certain words and phrases shall be defined
as follows:
A lot the rear line of which abuts the side lot line of another lot
or lots in the same block but not separated by an open space.
A map intending to create not more than four parcels of land as provided
in § 236.34, Wis. Stats. Certified survey maps shall, in addition
to the provisions of § 236.34, Wis. Stats., bear a certificate of
approval of the Council, certified by the City Clerk.
Any splitting up of a recorded tract of land, except as provided in § 402-3D of this chapter. Any such division shall not be considered effective until such subdivision or certified survey map is actually recorded with the Milwaukee County Register of Deeds.
A map of subdivision with all necessary text, certificates and affidavits
to qualify it for recording in the office of the Register of Deeds.
The width of a lot measured at the setback line.
Includes the plural as well as the singular and may mean either a
natural person, firm, association, partnership, private corporation, public
or quasi-public corporation or combination of these.
The City Planning Commission established in conformity with § 62.23,
Wis. Stats.
A map or sketch of a proposed subdivision or division of land.
A public thoroughfare providing primary access to abutting property.
MAJOR STREETOne designed for fast or dense and heavy traffic.
COLLECTOR STREETOne which carries traffic from minor streets to the system of major streets, including the principal entrance streets of a residential development, and provides for circulation within such development.
MINOR STREETOne which is used primarily for access to abutting properties.
MARGINAL ACCESS STREETOne which is parallel and adjacent to major streets and which provides access to abutting properties and protection from traffic on the major street.
ALLEYA public thoroughfare which provides secondary access to abutting properties.
PEDESTRIAN PATHWAYA public thoroughfare, usually running at right angles to streets, which is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
EASEMENTThe area of land set aside or over or through which a liberty, privilege or advantage in land, distinct from ownership of the land, is granted to the public or some particular person or part of the public.
As defined in § 236.02(12), Wis. Stats.
An approval with or without recommended alterations given to the
preliminary plat by the Planning Commission. It shall constitute the necessary
authority to proceed with the preparation and presentation of the final plat
or certified survey map for the consideration of the Council.
A.
No land within the City shall, after October 20, 1964,
be divided by a subdivision plat or certified survey map, nor may such document
be entitled to be recorded in the office of the Register of Deeds, nor may
any street be laid out, nor may any improvements be made to the land, until
the provisions of this chapter and Ch. 236, Wis. Stats., are met and the plat
or certified survey map and the plan or plans of the subdivision shall have
been approved by the Planning Commission and the Council and certified by
the City Clerk.
B.
All divisions of land, except subdivisions as defined
in § 236.02(12), Wis. Stats., shall be surveyed and a certified
survey map prepared as provided in § 236.34, Wis. Stats.
C.
No building permit shall be issued by the City authorizing
the building on or improvement of any parcel of land not on record as of October
20, 1964, until the provisions and requirements of this chapter have been
met.
D.
The provisions of this chapter shall not apply to:
(1)
Transfer of interest in land by will or pursuant to court
order.
(2)
Leases for a term of not exceeding 10 years, mortgages
or easements.
(3)
Sale or exchange of parcels of land between owners of
adjoining property, if additional lots are not thereby created and if the
resulting lots are not reduced below the minimum sizes required by Ch. 236,
Wis. Stats., or any other ordinance of the City.
(4)
Land owned by the City of St. Francis.
Any owner of land or his agent who wishes to divide such land shall comply with the general principles of design and minimum layout requirements as set forth in § 402-7, and the procedure shall be as follows:
A.
Preapplication conference. The owner of the land or his
agent, which is located with the corporate limits of the City, shall first
submit to the Planning Commission or its representative such information as
may be required by the Planning Commission to describe or outline the existing
conditions of the site and the proposed development thereof.
B.
Preliminary plat or certified survey map.
(1)
To be filed. Before submitting the final plat (or certified survey map) for approval, the subdivider shall prepare a preliminary plat or map which shall conform to the provisions set forth in §§ 402-7 and 402-8 of this chapter and shall file with the City Clerk an application in writing for the tentative approval of the plat or map, accompanied by such copies as required by the City Clerk to comply with Ch. 236, Wis. Stats.
(2)
Conformity. The preliminary plat or map shall be checked
and reviewed as to its conformity with the Official Map and the principal
standards and requirements set forth in this chapter, and copies of plats
shall be referred for review and recommendations to the Department of Administration
as required by § 236.12, Wis. Stats.[1]
(3)
Approval or rejection by Planning Commission. After review
of the preliminary plat or map and conferences with the owner on any changes
deemed advisable and the kind and extent of public improvements which shall
be required, the Planning Commission shall, within 60 days of submission,
approve, conditionally approve or reject the plat or map. If the Planning
Commission rejects the plat or map, it shall return it to the owner. If it
approves or conditionally approves the plat or map, it shall notify the Council.[2]
(4)
Council approval. If the Planning Commission approves
the preliminary plat, the Council shall, within 90 days of the date the plat
was filed with the City Clerk, approve conditionally or reject such plat and
shall state in writing any conditions of approval or reasons for rejection,
unless the time is extended by agreement by the subdivider. Failure of the
Council to act within 90 days or extension thereof shall constitute approval
of the preliminary plat. The Clerk shall communicate to the owner the action
of the Council. If the plat or map is approved, the Clerk shall endorse it
for the Council.
(5)
Upon filing the preliminary plat or map with the City,
the owner shall pay a fee as provided by the current fee schedule on file
with the City Clerk.
[Amended 12-7-2004 by Ord. No. 1179; 1-18-2005
by Ord. No. 1180]
(6)
Such preliminary map shall not be construed as a submission
under § 236.34(1)(f), Wis. Stats. A letter of preliminary approval
must be obtained from the City Engineer prior to formal submission.
C.
Public improvements, plans and specifications. The owner shall file with the City Clerk four complete sets of preliminary plans and specifications for the construction of any public improvements required by § 402-8 at the same time the preliminary plat or map is filed.
D.
Final plat or certified survey map.
(1)
The owner shall file with the City Clerk four copies of the final plans and specifications for public improvements required under § 402-8 at the same time the final plat is filed. If the plat has not been certified by the state agencies under § 236.12(6), Wis. Stats., then copies as required by § 236.12(2), Wis. Stats., shall also be provided.
(2)
The City Clerk shall forward the plat or map and plans
and specifications of public improvements to the Planning Commission. He shall
forward copies of the plat to the Supervisor of Plat Review in the Department
of Administration as provided by § 236.12(2), Wis. Stats.[3]
(3)
The Planning Commission shall refer the final plat or
map and final plans and specifications for public improvements to the City
Engineer for review.
(4)
The City Engineer shall examine the plat or map and final
plans and specifications of public improvements for technical details and
if he finds them satisfactory shall so certify in writing to the Planning
Commission.
(5)
If the plat or map and the plans and specifications are
not satisfactory, the City Engineer shall return them to the owner and so
advise the Planning Commission.
(6)
If the plat or map and the plans and specifications of
public improvements are satisfactory to the Planning Commission, it shall
so certify in writing to the Council; if they are not satisfactory to the
Commission, they shall be rejected in writing and returned to the owner.
(7)
When the Council receives the approved plat or map and
plans and specifications from the Planning Commission, it shall signify its
action by motion or resolution; if rejected, the Clerk shall so notify the
owner in writing; if approved, the Clerk shall endorse the plat or map as
required by Ch. 236, Wis. Stats, and return it to the owner for recording.
(8)
The approval of the final plat or map by the Council
shall constitute acceptance of the dedication of any public street, open space
or other public areas shown thereon.
(9)
The City Clerk shall refuse to accept any such final
plat or certified survey map unless there is a letter of preliminary approval
from the City Engineer and there is submitted a fee as provided by the current
fee schedule on file with the City Clerk.
(10)
If the final plat conforms substantially to the layout
shown in the preliminary plat as approved, including any conditions of such
approval, it shall be approved by the Council. If the final plat is not submitted
within 24 months of the last required approval of the preliminary plat, any
approving authority may refuse to approve the final plat. If
recommended by the Planning Commission and if permitted by the Council, the
final plat may constitute only that portion of the approved preliminary plat
which the subdivider proposes to record at that time.[4]
Upon notification by the City Clerk that the preliminary plat or certified survey map has been approved by the Council, the required public improvements shall be constructed and installed by the City or by contracts let by the City with contractors. The owner, prior to the letting of any contracts, shall post with the City cash, negotiable securities or a surety bond running to the City, in value sufficient to cover the full estimated cost as certified by the City Engineer, to assure the satisfactory installation of such improvements as outlined in § 402-8 of this chapter and contained in the plans and specifications. The surety bond shall be approved by the Mayor and Council.
A.
A preliminary plat or certified survey map shall be a
legible print made from a drawing that shows correctly the following:
(1)
Date, scale and North point.
(2)
Proposed name of the subdivision, if a plat.
(3)
Name and post office address of the owner or his agent.
(4)
Small drawing showing the location of the land to be
divided.
(5)
Location and names of adjoining subdivisions and the
owners of undivided lands.
(6)
Present zoning of land to be divided and adjoining lands.
(7)
Location, width and names of all existing and platted
streets, alleys or other public ways and easements, railroad and public utility
rights-of-way, parks, cemeteries, watercourses, drainage ditches, permanent
buildings, bridges and other pertinent data, as required by the Planning Commission,
within 300 feet of the proposed division of land or of property owned or controlled
by the owner.
(8)
Water elevations of adjoining lakes or streams at the
date of survey and the approximate high and low water levels thereof. All
elevations shall be referred to City datum.
(9)
Layout, width and approximate grades of all streets and
rights-of-way, such as alleys, highways, easements for sewers, water mains
and other public utilities.
(10)
Direction and distance to nearest water mains and sewer
mains.
(11)
Approximate dimension and area of all lots and parcels.
(12)
Proposed building setback lines, if different from that required by Chapter 455, Zoning, of this Code.
(13)
Contour lines at an interval of not more that two feet
with reference to City datum.
B.
Construction plans. As required by §§ 402-7 and 402-8, the owner shall furnish with the preliminary plat or map necessary construction plans of public improvements. If the owner chooses, he may obtain approval of a preliminary plat as to layout only. If only a portion of the preliminary plat is to be improved and submitted for final approval, construction plans and specifications need to be prepared for only such portion. However, the design of public improvements shall be based on the needs of the whole area and such additional area as necessary in the judgment of the Planning Commission.
C.
Final plat. A final plat of a subdivision shall comply
with the requirements of Ch. 236, Wis. Stats.
D.
Final certified survey map. A final certified survey
map of a division of land not requiring a plat shall comply in all respects
with the requirements of § 236.34, Wis. Stats.
A.
General. In laying out a subdivision, the owner shall
conform to the provisions of Ch. 236, Wis. Stats., and all applicable ordinances
of the City. In cases where the requirements differ, the more restrictive
provision shall apply.
B.
Public parks and sites for other public areas.
(1)
Suitable sites for public areas, such as but not limited
to parks, recreational areas, parkways, public building areas or other public
uses, but excluding schools, shall be provided in one or more of the following
manners:
(2)
When public parks and sites for other public areas as shown on the Official Map lie within the area proposed for development and are greater in area than required by Subsection B(1)(a) above, the owner shall reserve for acquisition by the City, through agreement, purchase or condemnation, the remaining greater public area for a period of one year.
C.
Streets.
(1)
General.
(a)
Streets shall be provided for convenient access to all
parcels of land to be created by the subdivision. All streets shall be dedicated
to the public.
(b)
The layout of streets shall conform to the Official Map.
(c)
In areas not covered by the Official Map, the layout
of streets shall conform to the plan for the most advantageous development
of adjoining areas of the neighborhood. The streets shall be designed and
located in relation to existing and officially planned streets, topography
and natural terrain, streams and lakes, existing tree growth, public convenience
and safety and in their appropriate relation to the proposed use of the land
to be served by such interests.
(2)
Street classification.
(a)
Major streets. Streets which have the greatest importance
to the development of the City and which are shown on the Official Map to
have a width or right-of-way of not less than 100 feet.
(b)
Collector streets. Streets of somewhat less importance
than major streets and which are shown on the Official Map to have a right-of-way
width of not less than 80 feet.
(c)
Minor streets. Streets designed primarily for access
to abutting property and having a right-of-way of not less than 60 feet.
(3)
Connection with existing streets. All proposed streets
shall have a direct connection with, or be continuous and in line with, existing,
planned or platted streets with which they are to connect.
(4)
Extension to boundary lines. Proposed streets shall be
extended to the boundary lines of the tract to be subdivided, unless prevented
by topography or other physical conditions or unless, in the opinion of the
Planning Commission, such extension is not necessary or desirable for the
coordination of the layout of the subdivision with existing layout or the
most advantageous future development of adjacent tracts. Dead-end streets
not over 500 feet in length shall be approved when necessitated by the topography.
(5)
Grades. The grade of major and collector streets shall
not exceed 6% unless necessitated by exceptional topography and approved by
the Planning Commission. Grades of minor streets shall not exceed 10%. The
minimum grade of all streets shall be 0.5%.
(6)
Horizontal curves. A minimum sight distance with clear
visibility, measured along the center line, shall be provided of at least
500 feet on major streets, 200 feet on collector streets, and 120 feet on
all other streets.
(7)
Vertical curves. All changes in street grades shall be
connected by vertical curves of a minimum length equivalent to 30 times the
algebraic difference in the rate of grade for major streets and 20 times this
algebraic difference for all other streets.
(8)
Tangents. A tangent of at least 100 feet long shall be
introduced between reverse curves on major and collector streets.
(9)
Street names. New street names shall not duplicate the
names of existing streets, but streets that are continuations of others already
in existence and named shall bear the names of the existing streets.
(10)
Reserve strips. Reserve strips controlling access to
streets shall be encouraged where their control is definitely placed in the
City under conditions approved by the Planning Commission.
(11)
Half streets. Where a half street is adjacent to the
subdivision, the other half street shall be dedicated by the subdivider.
(12)
Intersections.
(a)
Property lines at street intersections of major streets
shall be rounded with a radius of 30 feet or greater radius where the Planning
Commission considers it necessary.
(b)
Street jogs with center-line offsets of less than 125
feet shall be avoided. Where streets intersect major streets, their alignment
shall be continuous.
(13)
Alleys.
(a)
Alleys shall be provided in all commercial and industrial
districts; however, the Planning Commission may waive this requirement where
other definite and assured provisions are made for service access, such as
off-street loading and parking consistent with and adequate for the uses proposed.
(b)
The width of alleys shall not be less than 20 feet.
(c)
Dead-end alleys are prohibited.
D.
Block and lot layout.
(1)
General. The length, width, and shape of blocks shall
be such as are appropriate to the locality and the type of development contemplated,
but block length in residential areas shall not exceed 1,500 feet nor have
less than sufficient width to provide for two tiers of appropriate depth between
street lines. As a general rule, blocks shall not be less than 600 feet in
length.
(2)
Crosswalks. Pedestrian crosswalks not less than 10 feet
wide may be required by the Planning Commission through the center of a block
more than 900 feet long where deemed essential to provide circulation or access
to schools, playgrounds, shopping centers, transportation and other community
facilities.
(3)
General considerations.
(a)
The size, shape, and orientation of lots shall be appropriate
for the location of the subdivision and for the type of development contemplated,
provided that no residential lot shall be less than 6,000 square feet in area.
(b)
Lot dimensions shall conform to the requirements of Chapter 455, Zoning, but in no case shall a lot have a frontage of less than 50 feet at the building line and a depth of less than 100 feet.
(c)
Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required by Chapter 455, Zoning.
(d)
Residential lots, fronting on major streets and highways,
shall be platted with extra depth or designed to alleviate the effect of major
street traffic on residential occupancy.
(4)
Corner lots. Corner lots for residential use shall have extra width to permit full building setback from both streets, as required by Chapter 455, Zoning.
(5)
Lot to abut street. Every lot shall abut or face a public
street.
(6)
Butt lots. Butt lots shall be permitted by the Planning
Commission only in exceptional cases.
(7)
Side lot lines. Side lot lines shall be substantially
at right angles to or radial to abutting street lines.
(8)
Dividing tracts. In case a tract is divided into parcels of more than 1 1/2 acres in area, such parcels shall be so arranged to permit redividing into parcels in accordance with this chapter and Chapter 455, Zoning.
(9)
Double and reversed frontage lots. Double frontage and
reversed frontage lots shall be avoided except where necessary to provide
separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation.
E.
Easements.
(1)
Utility easements shall be provided at the rear of all
residential lots and along the side lot lines where required. Such utility
easements shall be at least 12 feet wide and normally centered upon the rear
or side lot line. Evidence shall be furnished to the Planning Commission that
easements and any easement provisions to be incorporated in the plat or in
deeds have been reviewed by the individual utility companies or the organization
responsible for furnishing the services involved.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream:
(a)
There shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse and
such further width or construction or both as shall be adequate for the purpose
and as may be necessary to comply with this section; or
(b)
The watercourse, drainageway, channel or stream may be
relocated so that the maintenance of adequate drainage shall be assured and
the same provided with a stormwater easement or drainage right-of-way conforming
to the lines of the relocated watercourse and such further width or construction
or both as shall be adequate for the purpose and may be necessary to comply
with this section.
(3)
Whenever possible, it is desirable that the drainage be maintained
by an open channel with landscaped banks and adequate width for maximum potential
volume of flow. Such watercourse shall be of a minimum width established at
the high-water mark or, in absence of such specification, not less than 30
feet.
A.
Improvements completed. All improvements required by this chapter shall be constructed in accordance with its provisions prior to filing the final plat with the City Clerk for approval by the Council. In lieu of construction of the public improvements, the owner may furnish a surety bond as provided in § 402-5.
B.
Guarantee of material and workmanship. The owner shall
provide a surety bond running to the City for one year after completion of
construction in the amount of 20% of the cost of the improvements to guarantee
workmanship and materials of construction and to save the City harmless from
the cost to repair or replace the improvements.
C.
Procedure.
(1)
Copies to be furnished. Simultaneously with the filing
of the preliminary plat with the City Clerk or as soon thereafter as practicable,
four copies of the construction plans and specifications shall be furnished
for the following public improvements:
(2)
Action by City Engineer. The City Engineer shall review
or cause to be reviewed the plans and specifications for conformance with
the requirements of this chapter. If he rejects the plans and specifications,
he shall notify the owner, who shall modify the plans and specifications accordingly.
When the plans and specifications are corrected, the City Engineer shall approve
them in writing and so notify the Planning Commission so that it may approve
the plans and specifications for transmittal to the Council. The Council shall
approve the plans and specifications before the improvements are installed.
(3)
Construction and inspection.
(a)
Prior to starting any of the work covered by the plans approved above, written authorization to start the work shall be obtained from the City Engineer upon receipt of all necessary permits and in accordance with the construction methods of Subsection F.
(b)
Construction of all improvements required by this chapter
shall be completed within two years from the date of the approval of the final
plat by the Planning Commission, unless good cause can be shown for granting
an extension of time by the Mayor and Council.
(c)
During the course of construction, the City Engineer
shall make such inspections as he deems necessary to ensure compliance with
the plans and specifications as approved. The subdivider shall pay the actual
cost incurred by the City for such inspections. This fee shall be the actual
cost to the City of inspectors, engineers and other parties necessary to ensure
satisfactory work.
(4)
As-built plans. After completion of all public improvements
and prior to final acceptance of the improvements, the subdivider shall make
or cause to be made a map showing the actual location of all valves, manholes,
stubs, sewer and water mains and such other facilities as the City Engineer
shall require. This map shall be in black ink on tracing cloth and shall bear
the signature and seal of a professional engineer registered in Wisconsin.
The presentation of the map shall be a condition of final acceptance of the
improvements and release of the surety bond assuring their completion.
D.
Design standards.
(1)
Streets.
(a)
Major streets shall have a right-of-way width, established on the Official Map, of not less than 100 feet. In lieu of building pavements to standards required for this class of street, the owner shall pay the City a sum of money equal to the cost of improving the street to standards established in Subsection D(1)(c). The pavement shall consist of a nine-inch portland cement concrete pavement.
(b)
Collector streets shall have a right-of-way width as established on the Official Map of not less than 80 feet. In lieu of building pavements to standards required for this class of street, the owner shall pay to the City a sum of money equal to the cost of improving the street to standards established in Subsection D(1)(c) for minor streets. The pavement shall consist of a nine-inch portland cement concrete pavement.
(c)
Minor streets shall have a right-of-way width of not
less than 60 feet, except for short dead-end streets which may be 50 feet
wide. They shall be provided with one thirty-six-foot-wide pavement. The pavement
shall consist of seven-inch portland cement concrete pavement or an eight-inch
waterbound macadam base with a two-course plant mix bituminous concrete surfacing
or a six-inch soil cement base with a two-course plant mix bituminous concrete
surfacing. The bituminous surfacing shall consist of an asphaltic concrete
binder course 1 1/2 inches thick and an asphaltic concrete wearing surface
1 1/2 inches thick.
(d)
Turnarounds. The end of dead-end streets shall be paved
as provided for minor streets with an outside diameter of the turnaround of
90 feet and be connected by smooth curves to the pavement of the main portion
of the street.
(2)
Alleys. Alleys shall be provided with a pavement not
less than 20 feet in width. The pavement shall consist of a seven-inch portland
cement concrete pavement.
(3)
Curb and gutter. All major, collector and minor streets
shall be provided with curb and gutter in accordance with the standard specifications
of the City.
(4)
Sanitary sewerage system. A sanitary sewerage system
shall be provided, including laterals that meet the specifications of the
Metropolitan Sewerage Commission and also meet the system plan for sanitary
sewer extensions of the City. The cost of providing and installing sewer pipe
of sizes larger than required to serve the owner's property shall be borne
by the City as agreed upon between the landowner and the Council prior to
approval of the final plat or certified survey map.
(5)
Water supply system. A water supply system shall be provided,
including all pipe fittings, hydrants, laterals, etc. Water mains shall be
a minimum of six inches in diameter. The cost of providing and installing
mains of larger than six inches in diameter, if deemed necessary, shall be
borne by the City as agreed upon prior to the approval of the final plat or
certified survey map. All mains shall be installed subject to the approval
of the City and Milwaukee Water Works.
(6)
Sidewalks. Sidewalks shall be provided to serve the following
areas:
(7)
Surface drainage. There shall be provided proper drainage
for all surface water from the area shown on the plat by means of a storm
sewer system. This includes open ditches, layout, collectors, pipe sizes,
laterals and materials and discharge arrangement as approved by the City Engineer.
E.
Final construction plans. Final construction plans shall
be legible prints of a size acceptable to the City Engineer and shall include
the following:
(1)
Map of plat or subdivision of land, including title of
plat or map.
(2)
Layout of streets.
(3)
Layout of sanitary sewers.
(4)
Layout of water supply system.
(5)
Plans and profiles of streets and sewers at a scale of
not more than 40 feet per inch horizontal and four feet per inch vertical.
(6)
All necessary details.
F.
Material standards. All improvements constructed under
this chapter shall be of the standards, where applicable, established by the
State Highway Commission's Standard Specifications for Roads and Bridges.
Where the Highway Commission's specifications do not apply, the standards
shall be as approved by the City Engineer.
In exceptional cases, where topography or other physical conditions
would cause unnecessary hardship to the owner and not provide the City substantial
benefit, the Planning Commission may recommend to the Council special provisions
to relieve such hardship. Any exception needed shall be requested in writing
by the owner; if recommended by the Planning Commission, it shall be so endorsed
by the Secretary and transmitted to the Council. The Council, if it approves,
shall do so by motion or resolution and instruct the City Clerk to notify
the Planning Commission and the owner.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
