09/14/2011 P&Z Packet - Laserfiche WebLink

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15 (g) A minor subdivision as allowed by the terms of this chapter. (2) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the Council may waive the compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than $100 for each lot or parcel so conveyed. The city may enjoin the conveyance or may recover the penalty by a civil action in any court of competent jurisdiction. (Ord. 04 -03, passed 2 -24 -2003) § 1001.011 BUILDING PERMITS. No building permit shall be issued by the city with respect to any land, parcel or lot until the provisions of this chapter in regard to the subdividing of property have been met. (Ord. 04 -03, passed 2 -24 -2003) § 1001.012 VARIANCES. The City Council may approve variances from the requirements of this chapter in cases where an unusual hardship on the land exists. For the purposes of this chapter, an unusual hardship on the land shall be determined variances shall be reviewed using the criteria and process for variances in the zoning chapter ordinance, as may be amended, except that unusual hardship also includes but is not limited to inadequate access to direct sunlight for solar energy systems. Note: solar access now is included in variance criteria in the zoning chapter.) § 1001.013 PREMATURE SUBDIVISION. (1) General. Any concept plan, preliminary plat; or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. Any concept plan that is premature shall be noted as such in the City's comments resulting from the concept plan review. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met: (a) Consistency with the Comprehensive Plan. A proposed subdivision shall be consistent with all chapters of the Comprehensive Plan (including any of the following: 1. Resource Management System Plan 2. Land use plan, including the Growth Management Policy; draft revisions to Chapter 1001 subdivisions draft September 2011 Page 15 of 77