§ 155.131 SPLIT LOTS.

   (A)   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      SPLIT LOT. The division of a parcel of land after the effective date of this code into two lots.

   (B)   A variance may be granted by the City Council to a split lot from any or all of the regulations of this subchapter if the City Council in its discretion finds that:

      (1)   The split lot is situated in a neighborhood where conditions are well defined;

      (2)   The regulation or regulations from which the variance is requested create an unnecessary hardship;

      (3)   Granting of the variance will not interfere with the purpose of this subchapter;

      (4)   Granting of the variance will not be contrary or substantially detrimental to the public good, welfare, or interest; and

      (5)   A split lot variance has not been previously granted which involves any of the land for which the current variance is sought.

(Ord. 210, passed 10-16-80)

§ 155.132 RE-SPLIT LOTS.

   (A)   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      RE-SPLIT LOT. Two or more previously platted lots that have been combined into a single lot, the owners of which apply for and obtain City Council approval to revert to the lot configuration as originally platted.

   (B)   The City Council may approve a re-split lot without otherwise requiring application of the provisions of these subdivision regulations, upon the following conditions:

      (1)   The size of each re-split lot is equal to or greater than its original platted size;

      (2)   The applicant executes a development contract for the immediate construction of a principal residential building on one or more of the re-split lots;

      (3)   The re-split lot and the proposed development meet all the requirements of Chapter 156;

      (4)   Separate application for any variance request must be made and approved separately and independently of the City Council's decision on the re-split lot application.

(Ord. 378, passed 11-20-08)

§ 155.133 VARIANCES; GROUNDS.

   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)

§ 155.134 VARIANCES; APPLICATION PROCEDURE.

   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

§ 155.145 BUILDING PERMITS; COMPLIANCE REQUIRED.

   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)

§ 155.146 VIOLATIONS.

   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)