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

Home Browse Search

(5) The variance will not in any manner vary the provisions of the Community Management Plan; (7) The variances will not in any manner vary the procedural requirements of this chapter. (b) Conditions. In approving the variance,the city may require such conditions as will, in its judgment, secure substantially the objectives of this chapter.. (c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed. The application shall state fully the grounds and all of the facts to justify the granting of a variance and will be approved or denied at the time the council reviews the preliminary plat. Sec. 82-49.-Issuance of building permits and certificates of occupancy. (a) When public and/or private improvements are required for a subdivision, building permits and certificates of occupancy may be issued only subject to the development contract. (b) In no case will a certificate of occupancy be issued to any building on any lot in the subdivision which lot has access only on a new public or private street until a certificate of satisfactory completion has been issued for that public or private street. Sec. 82-50.-Appeals. The zoning board of appeals and adjustments established in section 78-96 shall also serve as the subdivision board of appeals and adjustments.The board has the following powers with respect to the subdivision regulations: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of chapter 82.An appeal under this section shall be filed no later than ten days following the order, requirement, decision or determination.Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the subdivision regulations. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. The procedures set forth in Chapter 78, Division 3 apply to determinations of the subdivision board of appeals and adjustments. Secs. 82-51-82-80. -Reserved. ARTICLE III. -PLAT APPROVAL PROCESS'' DIVISION 1. - GENERALLY Sec. 82-81.-Restrictions on development prior to final plat approval. Once a preliminary plat has been submitted to the city, whether a subdivision is occurring or not, no building permits will be issued by the city for the construction of any building, structure or improvement to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully completed, including the official recording of the final plat, or until the application is formally withdrawn Final Draft page 11