PERFORMANCE BONDS

§ 155.155 INSTALLATION OF IMPROVEMENTS.

   In the interest of good development and to protect the taxpayers and future purchasers of residential, commercial and industrial properties, it shall be the policy of the City Council to require that all required improvements be improved to the degree stated in this chapter prior to acceptance and recording of the final plat and the building of structures thereon.

(Prior Code, § 48-221)

§ 155.156 ACCEPTABLE PERFORMANCE BONDS.

   The City Council may accept a final plat for recording where the owner of the platted subdivision furnishes a certified check or surety bond acceptable to the City Council in sufficient amount to cover the completion of all work to be performed in accordance with the provisions of this chapter.

(Prior Code, § 48-222)

§ 155.157 AMOUNT AND PERIOD OF BOND.

   The amount of the certified check or surety bond acceptable under this subchapter shall be determined by the City Engineer, and the stipulated period covered by the bond shall in general be for a period of 1 year. In no case, however, shall the period of performance bonds exceed 2 years.

(Prior Code, § 48-223)

VARIANCES

§ 155.170 GENERALLY.

   Applications for variances to this chapter shall be submitted to the Planning Commission for recommendation. Upon receipt of a recommendation from the Planning Commission, the City Council shall either grant or deny the application for variance.

(Prior Code, § 48-241)

§ 155.171 CONDITIONS.

   The City Council, in passing on applications for variances to this chapter, will not approve such variance unless it finds that:

   (A)   Strict application of this chapter would produce undue hardship;

   (B)   The hardship is not shared generally by other properties in the same zoning district and the same vicinity;

   (C)   The authorization of the variance will not be a substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance;

   (D)   The granting of the variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice; and

   (E)   The condition or situation of the property concerned or the intended use of the property is not of so general or reoccurring a nature as to make reasonably practicable the formulation of a general amendment to this chapter.

(Prior Code, § 48-242)

§ 155.999 PENALTY.

   Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $500 per violation. The sale of each and every lot or parcel sold in violation of this chapter shall be considered a separate violation.

(Prior Code, § 48-262)