(A) Administration.
(1) Responsible official. It shall be the duty of the City Council to see that the provisions of this chapter are properly enforced by the Planning Commission.
(2) Zoning permit. No zoning permit shall be issued by any governing official for the construction of any buildings, structures or improvements on any land subdivided until all requirements of this chapter have been fully complied with.
(3) Minor subdivisions. In the case of a subdivision of small size and situated in a locality where conditions are well-defined, the City Council may exempt the subdivider from complying with some of the requirements stipulated. In the case of a request to divide a lot which is part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property lot line will not cause the remaining portion of the lot to be in violation of this chapter or Ch. 154 of this code of ordinances, the division may be approved by the Council after submission of a survey and legal description showing the original lot and the proposed division.
(B) Variances. The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the protection of the public interest. In making its findings, the Planning Commission shall take into account the nature of the proposed use of land and existing use of land in the vicinity; the number of persons to reside or work in the proposed subdivision; and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Commission finds:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; or
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated.
(C) Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the chapter as a whole or any part other than the part so declared to be invalid.
(2001 Code, § 12.09)