1. Variances and Modifications.
A. Whenever the tract to be subdivided is of such unusual topography, size or shape that the strict application of the requirements contained in the regulations codified in this chapter would result in substantial hardships, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop property in a reasonable manner; provided, such variance or modification will not have the effect of nullifying the intent and purpose of the subdivision regulations for the City or of interfering with carrying out the comprehensive plan. In no case shall any variation or modification be more than a minimum easing of the requirements, and in no instance shall it conflict with any zoning ordinance and map or reduce the traffic capacity of any street below that shown on the comprehensive plan.
B. Such variances and waivers may be granted only by the affirmative vote of two-thirds of the members of the Commission.
C. In granting variances and modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.
D. Any variance of the underground installation requirements under Section 200.37(1) or variance of the storm detention ordinance may be authorized by the Council only after an affirmative vote of two-thirds of the members of the Plan and Zoning Commission.
2. Changes and Amendments. Any regulations or provisions in this chapter may be changed and amended from time to time by the Council; provided, however, such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation in the City at least fifteen days prior to such hearing.
3. Illegal Sale or Lease. Any persons who dispose of or offer for sale or lease any lots within the corporate limits before the plat thereof has been acknowledged and recorded, as provided in this chapter, shall forfeit and pay $50.00 for each lot and part of lot sold or disposed of, leased or offered for sale.