The purpose of this land development code is to establish standards, procedures, and minimum requirements to regulate and control the platting of lands and the development of real estate in the city, and to coordinate and integrate the development review process of the city land use plan and the city's platting process, in an effort to, among other things, ensure proper legal description, identification, monumentation, and recording of real estate boundaries; aid in the coordination of land development throughout the city in accordance with the city's land use plan; discourage haphazard, premature, uneconomic, or scattered land development; ensure safe and convenient traffic control; encourage development of an economically stable and healthful community; ensure adequate utilities; provide improved drainage and water control facilities; provide open spaces for recreation; ensure land development with installation of adequate and necessary physical improvements; ensure that the citizens and taxpayers of the city will not have to bear the costs resulting from the haphazard development of land; and ensure to the purchaser of land within a subdivision that necessary improvements have been installed. It is the intent of the city that, to the extent permitted by law all future development orders and permits, both for new and existing projects, shall comply with the requirements of this code.

(Ord. 241, passed 11-27-85)

   (A)   Provisions constitute minimum standards. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

   (B)   Conflict with public and private provisions.

      (1)   Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other rule, regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations, or any other rule, regulation, or other provision of law, whichever provision is more restrictive, or imposes higher standards, shall control.

      (2)   Private provisions. These regulations are not intended to abrogate any easement, covenant, or any other private agreement, or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or private agreement or restriction, the requirements of these regulations shall govern.

   (C)   Codes or specifications. When reference is made in this code to statutes, codes, specifications, or other regulations, it is intended that subsequent amendments to those codes, statutes, specifications, or regulations will be automatically adopted by reference herein except as provided by subsequent ordinances of the City Commission.

(Ord. 241, passed 11-27-85)

   Any fees or charges established by the city pursuant to the regulations or requirements established herein may be changed from time to time by resolution of the City Commission, and these changes shall not be considered an amendment to this code.

(Ord. 241, passed 11-27-85)

   (A)   General. Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this code, or permits any violation to continue, or otherwise fails to comply with the requirements of this code or of any plan or statement submitted and approved under the provisions of this code, shall be guilty of a violation and subject to prosecution. Upon conviction, the person shall be fined not more than $500 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day a violation continues shall be considered a separate offense. At the option of the city, any violation may be processed through the city's Code Enforcement Board as an alternative to prosecution under this section.

   (B)   Injunctive relief. In addition to any penalty provided by law for the violation of any of the provisions of this code, the City Commission may bring suit in the appropriate circuit court to enjoin, restrain, or otherwise prevent the violation of any of the provisions of this code.

(Ord. 241, passed 11-27-85)

   No provision of this code designating the duty of any city officer or employee shall be so construed as to make that officer or employee liable for any fine or penalty for failure to perform that duty, unless the intention of the City Commission to impose a fine or penalty is specifically and clearly expressed in the section creating the duty.

(Ord. 241, passed 11-27-85)

   (A)   Variances. Variances to Chapter 154: Zoning Code, will be in accordance with the powers granted to the Planning and Zoning Board. The City Commission may grant a variance from the terms of other sections when the variance will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of that section would result in unnecessary hardship. A variance shall not be granted if it has the effect of nullifying the intent and purpose of the regulations provided in that section. Furthermore, a variance shall not be granted by the City Commission unless and until:

      (1)   A written application for the variance is submitted to the appropriate board demonstrating the following:

         (a)   A special condition and circumstance exists which is peculiar to the land, structures, or required subdivision improvements involved, and which is not applicable to other lands, structures, or required subdivision improvements.

         (b)   A literal interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other properties with similar conditions.

         (c)   The special conditions and circumstances do not result from the actions of the applicant.

         (d)   The granting of the variance requested will not confer on the applicant any special privilege that is denied by the provisions of the section to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions on neighboring lands which are contrary to the provisions of the section shall be considered grounds for the issuance of variances.

      (2)   The Planning and Zoning Board shall make findings that the requirements of this section have been met.

      (3)   The Planning and Zoning Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that would make possible the reasonable use of the land, buildings, and other improvements.

      (4)   The Planning and Zoning Board shall also make a finding that the granting of the variance would be in harmony with the general purpose and intent of this section, will not be injurious to the surrounding territory, or otherwise be detrimental to the public.

      (5)   The Planning and Zoning Board shall submit its findings and recommendations to the City Commission for action. The City Commission shall hold a public hearing on the request for a variance after due public notice as provided in § 154.09 and written notice to adjacent property owners. In granting any variance, the City Commission may prescribe appropriate conditions and safeguards in conformity with this section. Violation of these conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section.

   (B)   Exceptions. The standards and requirements set forth in this section may be modified by the City Commission in the case of a plan and program for a new town, a complete community, or a planned unit development which, in the judgment of the City Commission, provides adequate public or private spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides those covenants or other legal provisions which will assure conformity to and implementation of the plan. In granting a modification, the City Commission shall require any reasonable conditions and safeguards as will secure substantially the objective and standards of this code.

   (C)   Appeals. Any person aggrieved by the City Commission's decision regarding a preliminary or final subdivision plan or plat, or the City Commission's decision regarding any variance, may file a petition for a writ of certiorari in the circuit court of the county to review the final action as provided by the state appellate rules. The petition shall be presented to the court within 30 days after the date of the final action of the City Commission.

   (D)   Variances - downtown development district.

      (1)   When, in the opinion of the City Commission, strict application of the Land Development Regulations would prevent the development of a non-residential site within the Downtown Business District as defined in the Comprehensive Plan, the City Commission may grant said variances provided the granting of these variances will not compromise the health, safety and general welfare of the public.

      (2)   The City Commission may only approve the minimum number of variances needed to make the site developable.

(Ord. 241, passed 11-27-85; Am. Ord. 345, passed 12-3-87; Am. Ord. 434, passed 6-1-89; Am. Ord. 586, passed 1-16-92; Am. Ord. 597, passed 4-2-92; Am. Ord. 1505, passed 5-1-14)

   (A)   General. No site plan or subdivision development, except those granted exceptions and variances as provided in § 154.06 shall be approved, platted, or recorded, nor shall any building permit or certificate of occupancy be issued, unless the subdivision development meets all the requirements of Chapters 155 and 156, and has been approved in accordance with the requirements provided in those chapters.

   (B)   Performance bond guaranteeing required public improvements. The City Commission may enforce the performance bond guaranteeing public improvements by resorting to legal and equitable remedies if required improvements have not been satisfactorily installed within the time allowed by the city after the site plan or final plat is approved, unless extended by the City Commission and provided the surety consents to the extension.

   (C)   Violations and penalties.

      (1)   It shall be a violation of this land development code for any person to construct, open, modify, or dedicate any street, commercial driveway, sanitary sewer, water main, or drainage structure without first having obtained site plan approval and otherwise having complied with the provisions of the site plan regulations, Chapter 156. It shall also be a violation of this code for any person to plat, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or drainage structure, without having first complied with the provisions of the subdivision regulations, Chapter 155; or to otherwise violate any provision of these regulations.

      (2)   Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this code, or permits any violation to continue, or fails to comply with the requirements of any plan or statement submitted and approved under the provisions of this code, shall be guilty of a code violation and subject to prosecution. Each day a violation continues shall be considered a separate offense.

      (3)   Nothing contained herein shall prevent the city from taking any lawful action, including, but not limited to, equitable action, as is necessary to prevent or remedy any violation of the rules, conditions, covenants, stipulations, or terms of these regulations.

   (D)   Issuance of building permits. No building shall be erected on a lot or parcel of land subject to regulations, nor shall any building permit be issued therefor, unless one of the following conditions exist:

      (1)   The lot or parcel is within a subdivision for which a final plat has been approved by the City Commission, and the required subdivision improvements have been installed and accepted by the city. However, buildings may be erected concurrently with the construction of the required improvements if a performance bond acceptable to the city has been posted by the developer. If there is no bond for subdivision improvements, the final inspection of the buildings shall not be approved and the buildings shall not be permitted or occupied until all the required subdivision improvements have been completed and have been certified as complete by the City Engineer.

      (2)   The lot or parcel abuts a public street dedicated to and accepted by the city, or the street is shown on a legally recorded subdivision plat, or unless a waiver has been obtained from the city. However, building permits may be refused if water management, soil characteristics, or other standards are not met.

   (E)   All private subdivisions will follow the same procedure as any subdivision, and shall be approved by the Planning and Zoning Board and City Commission. Paving, traffic controls, and striping requirements must be met and paid for by the developer.

(Ord. 241, passed 11-27-85; Am. Ord. 1642, passed 6-17-21)