Where a division of real property, by sale or lease, has taken place, which division requires conformance to the provisions of section 9-2-14, "Lot Split Procedure", of this chapter, but approval has not been obtained, as provided in that section, and the purchaser of one or more of the parcels so divided, has been refused a building permit or a certificate of occupancy, or has attempted to file a lot split map on his property but the same has been refused, by reason of noncompliance with that section, the city council may by motion direct the city engineer to accept a partial lot split map for filing relating to such purchaser's property only, provided that such purchaser agrees that he will construct improvements and dedicate areas as may be necessary to comply with the provisions of said section 9-2-14, "Lot Split Procedure", of this chapter if it finds the following facts to be present:
A. That the purchaser at the time of his purchase of the property was unaware of the application of the provisions of section 9-2-14, "Lot Split Procedure", of this chapter to his property; and
B. That the purchaser has unsuccessfully attempted to obtain the approval and concurrence of the other purchasers and/or his vendor in the filing of a lot split map covering all of the property divided without compliance with said section 9-2-14 of this chapter; and
C. That to refuse to accept a lot split map relating to the property of the injured purchaser only, will work an undue hardship upon such person; and
D. That the public interest will be furthered by permitting such filing.
Nothing in this section shall be deemed to relieve any owner, purchaser, or vendor of any real property from the filing of a lot split map, nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided. (1960 Code)