(A) The provisions of this chapter shall be held to be the minimum requirements for the maintaining of the public health, safety and welfare.
(B) Where the provisions of this chapter are either more restrictive or less restrictive then applicable provision of other laws, ordinances, statutes, resolutions, covenants or regulations of any kind, the more restrictive condition, standard or requirement shall prevail, except as authorized by the more restrictive agency.
(C) Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this chapter.
(D) Any existing structure or use of property subject to conditions of approval for a variance, conditional use permit or other land use application must have a land use certificate of compliance issued within 12 months of the approval, unless an extension is granted under § 152.155 of this chapter. The land use certificate of compliance, when issued, shall state that the building or use appears to be in compliance with the conditions of approval.
(E) The provisions of this chapter shall be applicable to any subdivision of property within the city after the effective date of this chapter.
(2) Subdivision by metes and bounds shall be subject to approval by the Planning Commission in accordance with §§ 152.130 through 152.140 of this chapter if either of the resulting parcels is less than ten acres or 500 feet of width and shall be limited to no more than one split of a parcel into two parcels in a three-year period of time. An additional parcel for right-of-way or commonly-owned driveway access may also be allowed. The proposed legal description for subdivision of land by metes and bounds shall be prepared and certified by a registered land surveyor. Approval by the city shall be indicated by the stamp of approval affixed by the City Clerk/Treasurer to said legal description. The County Recorder or Registrar of Deeds may accept each such certificate for filing and recording upon compliance with these provisions.
(3) Subdivision by metes and bounds shall be subject to approval, in accordance with §§ 152.130 through 152.140 of this chapter, by the Planning and Zoning Administrator if both of the resulting parcels are greater than ten acres and 500 feet of width. Such subdivisions shall be limited to no more than one split of a parcel into two parcels in a three-year period of time. The proposed legal description for subdivision of land by metes and bounds shall be prepared and certified by a registered land surveyor. Approval by the city shall be indicated by the stamp of approval affixed by the City Clerk/Treasurer to said legal description. The County Recorder or Registrar of Deeds may accept each such certificate for filing and recording upon compliance with these provisions.
(F) Ambiguities in this chapter shall be resolved by interpretation of the Planning and Zoning Administrator. If an applicant wishes to appeal the interpretation of the Administrator, an appeal can be made through a hearing of the Planning Commission.
(Ord. 906-2011, passed - -2011)