(A) General conditions. The Planning and Zoning Commission may recommend a variance from provisions of this chapter, when, in its opinion, unusual hardship on the land may result strict compliance. In granting any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required in this section, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside in the proposed subdivision and the probable effect of the proposed subdivision of traffic conditions in the vicinity. No variance shall be granted unless the Commission finds:
(1) That there are special circumstances or conditions affecting the property so that the application of the provisions of this chapter would deprive the applicant of the reasonable use of the applicant's land;
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and/or
(3) That the granting of the variance will not be detrimental to the public welfare or in to other property in the territory in which the property is situated.
(B) Applications required. Applications for any variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration Commission, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans, or other additional data which may aid the Commission analysis of the proposed project. The plans for the development shall include restrictions or other legal provisions necessary to guarantee the full achievement of the Plan.
(C) Compliance. No building permit shall be issued by the city with respect to the lot in a subdivision, as defined in this chapter, until the plat thereof has been recor the office of the Register of Deeds.
(D) Violations.
(1) Sale of lots from unrecorded plats. It is unlawful for any person to trade or otherwise convey or offer to sell, trade, or otherwise convey any lot or part land as part of, or in conformity with any plan, plat, or replat of any subdivision and jurisdiction of this chapter unless the plan, plat, or replat shall have first been the office of the Register of Deeds of the County.
(2) Misrepresentations as to construction, supervision, or inspection improvements. It is unlawful for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys, or avenue addition or subdivision or any sewer in the addition or subdivision has been constructed to the plans and specifications approved by the Council, or has been supervised or inspect city, when the improvements have not been so constructed, supervised, or inspected.
(Ord. 239, § 1512, passed 1-22-2000) Penalty, see § 10.99