1972.12.18 ORD 1972-110 - Laserfiche WebLink

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909.02. No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area or having a width of less than three hundred (300) feet on an improved public street, at the building setback line which is described by metes and bounds until a plat describing such parcel of land is filed with the Washington County Register of Deeds and proof thereof is furnished to the local governing body. 909.03. When a conveyance by metes and bounds is made and the parcels involved are between five (5) acres and twenty (20) acres in size, a survey of the parcels involved shall be submitted to the community clerk before any building permits will be issued for those parcels and a copy of the survey should be attached to the deed when it is submitted to the Washington County Register of Deeds for recording. 910. Unapproved Subdivisions. 910.01. No conveyance of land to which this regula- tion is applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved Registered Land Survey made after April 21, 1961, or to an unapproved plat. The foregoing provision does not apply to a conveyance if the land described: (1) Was a separate parcel of record March 15, 1962. (2) Was the subject of a written agreement to convey entered into prior to such time. (3) Was a separate parcel not less than 2% acres in area and 150 feet in width on January 1, 1966, or is a single parcel of land of not less than 5 acres and having a width of not less than 300 feet. 910.02. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not intefere with the purpose of this regulation, the governing body may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. 910.03. Any owner or agent of the owner of land who conveys a lot or a parcel in violation of the provisions of this section shall forfeit and pay to the community a penalty of not less than one hundred dollars ($100.00) for each parcel so conveyed. The community may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 911. Variances. 911.01. Upon receiving the report from the planning commission, the governing body may grant a variance in any particular case where the subdivider can show that by reason of the exceptional topography or other physical conditions the strict compliance to these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this regulation. 911.02. Application for any such variance shall be made in writing by the subdivider at the time when the plan is filed for consideration. Such application shall state fully 14 all facts relied upon by the subdivider, and shall be supplemented with maps, plans or other additional data which may aid the planning commission in the analysis of the proposed project. Such variances shall be considered at the next regular meeting held by the planning commission. The plans for such development shall include any cove- nants, restrictions or other legal provisions necessary to guarantee the full achievement of the proposed plan. Any variance or modification thus granted shall be recorded and entered in the minutes of the governing body setting forth the reasons for granting the variance. SECTION 10. ENFORCEMENT 1001. Building Permits. 1001.01. No building permit shall be issued for any construction, enlargement, alteration, or repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of this regulation have been fully met. 1002. Violation and Penalties. 1002.01. Any firm, person or corporation who vio- lates any of the provisions of these regulations, or who sells, leases or offers for sale or lease any lot, block or tract of land herewith regulated before all the requirements of these regulations have been complied with, shall be guilty of a misdemeanor, and upon conviction thereof be subject to fine and/or imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. 1003. Separability. 1003.01. It is hereby declared to be the intention that the several provisions of this regulation are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this regulation to be invalid, such judgment shall not affect any other provision of this regulation not specifically in- cluded in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this regulation to a particular property, building, or structure, such judgment shall not affect other property, buildings or structures.