(1) No conveyance of land within the city 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 made after the regulations become effective. The foregoing provision does not apply to a conveyance if the land described:
(a) Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regulations pursuant to a home rule charter;
(b) Was the subject of a written agreement to convey entered into prior to that time;
(c) Was a separate parcel of not less than two and one-half acres in area and 150 feet in width on January 1, 1966;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980;
(e) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width;
(f) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots, any one of which is less than 20 acres or 500 feet in width; or
(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)