11-3-2: UNSUITABILITY OF LAND FOR SUBDIVIDING:
No land shall be subdivided which is held by the commission to be unsuitable for residential use by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formations, extreme topography, erosion susceptibility or similar conditions which are likely to prove harmful to the health, safety, and general welfare of the community or the future property owners. The commission, in applying the provisions of sections 11-3-1 and 11-3-3 of this chapter, shall state in writing the particular facts upon which its conclusions are based and shall also define the conditions under which the land may, in its opinion, become suitable for the proposed development. Any subdivider proposing development of such land shall have the right to present evidence to the council contesting such determination of unsuitability, whereupon the council may affirm, modify or withdraw the restriction. (1988 Code § 14-3-1)