Ord #248 - 3rd Ser/Amending the code of Ordinances pertaining to subdivisions

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Secs. 82-14-82-45.-Reserved. ARTICLE II.-ADMINISTRATION AND ENFORCEMENTM Sec. 82-46.-Enforcement. It shall be the duty of the City Administrator or designee to enforce this chapter and to bring to the attention of the city attorney any violations or lack of compliance with this chapter. Sec. 82-47.-Fees for subdivision applications. (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the current city fee schedule provisions. Fees shall be payable at the time applications are filed with the zoning administrator.There shall be no fee in the case of applications filed in the public interest by the council or by the planning commission. (b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as provided in this chapter. (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions of this Code including the current fee schedule adopted by the city council as required to cover the costs incurred by the city in administratively processing and reviewing the subdivision. (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning commission. In the case of such timely withdrawal,the amount of refund shall be reduced by the costs incurred by the city prior to withdrawal,including but not limited to staff time,notification publication expenses, and consultant costs. (e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development expenses,escrows. Sec. 82-48.-Variances. (a) Standards. Where the city finds that unusual hardship may result from strict compliance with the provisions of this chapter, other than the procedural provisions, and the purposes of this chapter may be served to a greater extent by an alternative proposal,the city may approve variances to this chapter so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the city shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (1) An unusual hardship on the land exists, including but not limited to inadequate access to direct sunlight for solar energy systems; (2) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property; (3) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (4) Because of the particular physical surroundings,shape or topographical conditions of the specific land involved, an unusual hardship to the land would result, as distinguished from an inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this chapter would result in an environmentally unsound development of the land; Final Draft page 10