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Upon receiving the report from the Planning Commission, the City Council may grant a variance in any particular case where the subdivider can reasonably show that strict compliance to these regulations will and/or could cause unnecessary hardship. A variance may be granted if it is in reasonable harmony with, and does not offend, the intent and purpose of this chapter, if it reasonably conforms to the city’s Comprehensive Plan, if issuance of the variance will not unreasonably alter the essential character of the neighborhood, and if granting of the variance will not be contrary, or substantially detrimental, to the public good, welfare, or interest.
(Ord. 179, passed 2-16-78)
Application for a variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration or while the preliminary plat is under city study in accordance with §§ 155.021 through 155.023. The application shall state fully all facts relied upon by the subdivider, and shall be supplemented with maps, plans, or other proposed data which may aid the Planning Commission in the analysis of the proposed project. Variances shall be considered at the next regular meeting held by the Planning Commission. The plans for development shall include any covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the proposed plat. Any variance or modification thus granted shall be recorded and entered in the minutes of the City Council setting forth the reasons for granting the variance. The fees to be paid for each application for a variance shall be established by resolution of the City Council and are available in the form of a published fee statement.
(Ord. 179, passed 2-16-78)
ADMINISTRATION AND ENFORCEMENT
No building permit shall be issued for any construction, enlargement, alteration, repair, demolition, or moving of any building or structure on any lot or parcel until all requirements of this chapter and regulation have been fully met.
(Ord. 179, passed 2-16-78)
Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in § 10.99.
(Ord. 179, passed 2-16-78)
Notwithstanding any prosecution commenced pursuant to § 155.146 above, any violation of this chapter shall be forthwith subject to both temporary and permanent restraint and injunction; all costs of any such equitable proceeding, including a reasonable attorney’s fee, shall be assessed by the court against the violator.
(Ord. 179, passed 2-16-78)