(A) No conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after adoption of these platting regulations, which is not approved by Council resolution, shall be made or recorded if the parcel described in the conveyance is less than five acres in area and 300 feet in width unless such parcel is a separate parcel or recorded as of January 1, 1966, or unless an agreement to convey such smaller parcel was entered into prior to such time and the instrument showing the agreement to convey was recorded in the office of the County Recorder within one year thereafter. This prohibition shall also apply to parcel or lot splits, platted or unplatted subdivisions or plats where a street abutting said parcel or lot does not have a right-of-way easement to the city of at least 60 feet in width for the entire length of the parcel or lot, unless the owner or owners agree to dedicate the necessary right-of-way so that at least 30 feet of right- of-way exists on half of the street that abuts said parcel or lot.
(B) In any case in which compliance with the foregoing provisions will involve an unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations of this chapter, the Council may waive such compliance by adoption of a resolution to that effect, and the conveyance may then be recorded. The Council may refer questions of waiving compliance to the Planning Commission for recommendation before Council action or may waive compliance without referring the question to the Planning Commission. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the foregoing provision shall forfeit and pay to the city a penalty of not less than $100 for each lot or parcel so conveyed; or, the Council may enjoin such conveyance by use of any appropriate legal remedy.
(Ord. passed 7-21-99)