Chapter 16.20
EXCEPTIONS, ADMINISTRATION AND ENFORCEMENT
Sections:
16.20.010 Compliance required—Enforcement.
16.20.010 Compliance required—Enforcement.
(a) No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of the provisions of this title unless an exception is granted pursuant to Section 16.20.030.
(b) No person shall transfer, sell or offer to transfer or sell any land subject to the requirements of approval under this title until such approval has been granted by the city in accordance with the provisions of this title.
(c) When any person divides or attempts to divide land subject to the provisions of this title prior to the filing of the deed, plat or other document, the city attorney, pursuant to the direction of the mayor, may commence an action to enjoin further violations or attempted violations and to compel compliance with this title as required. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.20.030 Exceptions.
(a) Exception Requirements. The planning commission may recommend to the city council an exception from the requirements of this title when, in its opinion, undue hardship may be created as a result of strict compliance with the provisions of this code. In recommending any exception, the planning commission may prescribe conditions that it deems necessary to or desirable for the public interest. No exceptions shall be recommended unless the planning commission finds:
(1) That there are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this code would deprive the developer of the reasonable use or development of his land;
(2) That the exception is necessary to ensure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances;
(3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property into the vicinity.
(b) Applications Required. Application for any exception shall be submitted in writing by the developer at the time the preliminary plat, short plat or binding site plan is submitted and processed and/or appealed in accordance with the underlying action pursuant to Title 16A. The application shall state fully all substantiating facts and evidence pertinent to the request.
(c) The city shall have the right to bring an action to set aside, restrain and enjoin any sale or transfer, to compel compliance with the provisions of this title and to obtain injunctive relief. The cost of such action shall be paid by the violator and shall include reasonable attorney fees to the extent permitted by law. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.20.050 Liability.
This title shall not be construed to relieve from or lessen the responsibility of any person, owning any land or building, constructing or modifying any subdivisions in the city, for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificate authorized herein. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.20.060 Severability.
The provisions of this title are declared to be separate and severable, and the invalidity of any section, subsection, provision, clause or portion of this title, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this title or the validity of this application to other persons or circumstances. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).