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(A) Enforcing officer and appeals. The Director of Public Works upon recommendations of the Planning Commission and in conformity to the provisions of this chapter is hereby designated as the enforcing officer for the administration of this chapter. Any party having an interest in any matter dealt with by the provisions of this chapter and aggrieved by a decision of the Zoning Administrator, the Planning Commission, the Director of Public Works, or officer delegated to issue permits of any kind hereunder, may file a written appeal within 45 days thereafter to the City Council. The City Council after giving a ten day published notice shall conduct a public hearing on such appeal and shall receive and consider the proofs offered for or against the decision appealed from and determine the same by majority vote of the whole number of Council members. The person aggrieved, if the Council vote is unfavorable, may within 30 days further appeal to the District Court under certiorari for review of the Council's action.
(B) Building and occupancy permits. No building permit shall be issued by any governing official for the construction of any building, structure or improvement on any land henceforth subdivided until all requirements of this chapter have been fully complied with. No certificate of occupancy shall be granted for the use of any structure within any subdivision approved for platting until required utilities and roadways have been installed and made ready for service to the property.
(C) Variances and exceptions. When the subdivider can show to the Planning Commission that a provision of these regulations, or provisions, if strictly enforced, would cause unnecessary hardship because of topographic or other non-created or non-self-inflicted conditions peculiar to the site being developed, and a variance or exception can be permitted without destroying the intent of this chapter, nor interfere with carrying out the Comprehensive Plan, the Planning Commission may make such variance or modification of the development plan so that such hardship may be relieved and the public interest served, but such waiver or modification shall not authorize or release the requirements for the public improvements as are required under this Platting Ordinance.
(D) Planned unit development under zoning ordinance.
(1) The provisions of this chapter establish requirements concerning the platting of lots for sale and the construction of public improvements to service the lots in order to improve the development of the city. To encourage even better development a Planned Unit Development procedure is established which will provide more flexibility in the application of these provisions.
(2) Provisions for Planned Unit Development shall be as described in the City of Marshalltown, Iowa, Zoning Ordinance. Under certain procedures and conditions specified therein these Land Subdivision Regulations may be modified for a specific development only. Modifications may include, but are not limited to: lots of smaller size, private utilities, more than one principal structure on each lot and lots which do not abut a dedicated public street. In essence, the approved drawings and accompanying materials become the zoning provisions and land subdivision regulations for the affected development.
(E) Auditor's plats. Auditor's plats as are required under I.C.A. § 354.13 shall not be filed and recorded unless and until the same shall have been reviewed and approved by the City Plan and Zoning Commission and the City Council as required by I.C.A. § 354.15.
(F) Amendments. Prior to amending the subdivision regulations the City Council shall refer the proposals to the Planning Commission for its recommendation.