Chapter 16.04


16.04.010    Purpose of title.

16.04.020    Powers and duties of city council.

16.04.030    Sale or lease of subdivision – Compliance required.

16.04.040    Exceptions to title – Application.

16.04.050    City council’s action on exceptions.

16.04.060    Enforcement of title.

16.04.070    Title to control license and permit issuing authorities.

16.04.010 Purpose of title.

This title is enacted for the purpose of adopting subdivision regulations for the city of Etna. (Ord. 72 § 1, 1973)

16.04.020 Powers and duties of city council.

The city council shall have all the powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and by this chapter. (Ord. 72 § 2, 1973)

16.04.030 Sale or lease of subdivision – Compliance required.

It is unlawful for any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell or to sell or to lease any subdivision of land, or any part thereof, in the city unless and until all the requirements provided in this title have been complied with. (Ord. 72 § 3, 1973)

16.04.040 Exceptions to title – Application.

The city council may grant conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the city council shall find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting the property;

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated. (Ord. 72 § 4, 1973)

16.04.050 City council’s action on exceptions.

In granting the exceptions referred to in EMC 16.04.040, the city council shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air and the public health, safety, convenience and general welfare. (Ord. 72 § 5, 1973)

16.04.060 Enforcement of title.

It shall be the duty of the director of public works to enforce the provisions of this title pertaining to the subdivision of land or any part thereof in the city. (Ord. 72 § 6, 1973)

16.04.070 Title to control license and permit issuing authorities.

All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and any permit or license for uses, buildings or purposes issued in conflict with the provisions of this title shall be null and void. (Ord. 72 § 7, 1973)